Modifies The Law Nâ ° 19.067 And Sets Standards For The Involving N Of Chilean Troops In Peace Operations

Original Language Title: MODIFICA LA LEY N° 19.067 Y ESTABLECE NORMAS PARA LA PARTICIPACIÓN DE TROPAS CHILENAS EN OPERACIONES DE PAZ

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"Article 1-Introducense the following |! |" modifications to the law N ° 19.067, which sets standards |! | Permanent on entry of foreign troops into the |! | territory of the Republic and departure of national troops |! | the same, and fijanse the following rules for the |! | (participación de tropas chilenas en operaciones de paz: 1) added, before article 1, the following |! | epigraph: "title I of the entry of foreign troops on the territory of |! |" THE REPUBLIC".

(2) delete, in the first paragraph of article 1, |! | the phrase ", report or proposal of the |! |" Institution of national defense that corresponds, "."

((3) modifying article 2, in the following manner: to) replacements the phrases "travel of instruction or |! |" Logistics, acts of comity or |! | "fulfillment of military exchange agreements," by |! | " educational activities or trips of instruction, |! | logistics activities, acts of comity, |! | compliance with agreements of cooperation in matters of |! | Defense, or humanitarian aid missions not derived from |! | an armed conflict, "."

(b) delete the phrase ", report or a |! |" proposal for the institution of the national defense than |! | appropriate".

(4) Insert, between articles 3 ° and 4 °, the |! | following heading: "title II of the departure of national troops outside |! |" "REPUBLIC PARAGRAPH 1 ° ON DEPARTURE OF TROOPS GENERAL RULES".

(5) replace the article 4th, by the following: "article 4.-the departure of national troops out |! |" the territory of the Republic must be authorised by |! | Supreme Decree signed by the President of the |! | Republic, issued through the Ministry of |! | National defence and the signature of the Minister of |! | Foreign Affairs. To conduct the aforementioned Decree |! | Supreme must be with the prior agreement of the |! | Senate. "."

(6) replace, in article 5, the phrase "travel |! |" instruction or logistics, missions help |! | humanitarian, acts of comity or |! | "fulfillment of military exchange agreements," by |! | " educational activities or trips of instruction, |! | logistics activities, acts of comity, |! | compliance with agreements of cooperation in matters of |! | Defense, or humanitarian aid missions not derived from |! | an armed conflict, "."

(7) amending article 6 of the following way: to) change the numbering of the current article 6, |! | becoming article 17.

(b) replace the term "in articles 2 and |! |" 5th."by"in articles 2, 5 and 15.".

(8) Insert the following article 6 th, new: "article 6.-the national troops, notwithstanding |! |" of the rules of international law, continue to be subject |! | foreign laws and regulations in force in |! | Chile. "."

(9) Insert, after article 6, |! | new, 2nd, new paragraph following: "paragraph 2 ° special rules on departure of troops to participate |! |" IN operations of peace article 7.-the departure of national troops of the |! | territory of the Republic, in any of its forms |! | organization or modalities, to participate in |! | peace operations arranged in accordance with the |! | The United Nations Charter, will be authorized agreement |! | with special provisions contemplated this |! | Paragraph.

Also the provisions of this paragraph shall apply to |! | the departure of national troops to participate in |! | peace operations required to Chile, according to |! | international treaties in force which is a part.

Article 8.-for purposes of this |! | Paragraph, the President of the Republic shall establish a |! | Inter-Ministerial Committee on peace operations, |! | responsible for advising on a permanent basis to the |! | Ministers of Foreign Affairs and national defense |! | in what you say relationship with the participation of troops |! | national operations of peace and serve as organ of |! | consultation and work on different activities |! | requiring compliance with the standards contained in |! | This paragraph.

The composition, convening and functioning of |! | This Advisory Committee will be established by Decree |! | Supreme signed by the President of the Republic and |! | issued through the Ministry of affairs |! | Outdoors, and must also have the signature of the |! | Minister of national defense.

Article 9.-the President of the Republic |! | seek the agreement of the Senate for the output of |! | troops in accordance with this paragraph through ex officio |! | founded and signed by the Ministers of relations |! | Foreign and national defense.

The basis for the request, which should |! | information copy sent to the Chamber of Deputies, |! | (incluirá los siguientes elementos: a) exposure of the |! | mandate of the United Nations or the |! | request made to Chile under the Treaty |! | force that is part; (b) an explicitation of the |! | objectives pursued and the way in which interest |! | national or the security of the nation look |! | involved; (c) the term for which becomes the |! | request; (d) a statement of the employment standards of |! | the force in the framework of the mandate or request; (e) the |! | description of the troops to be deployed; (f) |! | Organization of the control of the national contingent and its |! | (equipamiento y material de apoyo, y g) estimation |! | global financial cost of national participation |! | in the operation, including donations in money or |! | species to be carried out in the peacekeeping mission, and the |! | its funding sources.

Trying to force combined for use in |! | peace operations, the departure of the national troops |! | It shall be subject to the condition precedent that the |! | third States with which it participates combination |! | they have authorized the departure of its own troops. No |! | However, and in accordance with the willing mechanisms |! | the departure of troops may be authorized in this Act for |! | participate independently in the peace operation to |! | the combined force had been intended.

The President of the Republic may, exceptionally, |! | and only in the event of imminent danger to the life of the |! | staff that makes up the national troops in the |! | overseas deployed in a peacekeeping mission, increase |! | for a period not exceeding thirty days the number of the |! | authorized, in order to protect them or provide contingent |! | their evacuation. The Senate shall be dealt in |! | (conformidad con lo dispuesto por el número 10) of the |! | Article 53 of the Constitution politics, |! | within a period of 48 hours since the President of |! | the Republic will request his pronouncement. This |! | request must send informational copy to the |! | Chamber of Deputies.

If this departure of troops is more than prolongare |! | thirty days, shall be governed by the rules of title |! | II of this law. In any case, the President of the |! | Republic should be sent to the Senate and the Chamber of |! | Members, within 15 days of the operation concluded |! | protection or evacuation, a report about its |! | results.

Article 10.-The Senate will examine the application of the |! | President of the Republic and shall have a period of thirty |! | days in a row to pronounce, from the date |! | reception of the office, meaning that it gives its |! | approval in the case not to speak out inside saying |! | term.

The agreement of the Senate shall be adopted by the |! | majority of its members present and accept or |! | reject the request of the President of the Republic in |! | the terms and conditions on which it was submitted, without |! | introduce amendments or conditions, but should |! | indicate if it is granted for the whole period that lasts the |! | Mission, for a specified period not exceeding four |! | years or through the system of extensions to the permanence |! | troops established abroad in the |! | next article.

The period referred to in subsection |! | First, the President of the Republic may introduce |! | modifications to the original agreement request, in |! | which case within thirty days will begin a new |! | count from the last amended |! | by the President of the Republic, without prejudice of the |! | obligation to refer, also, and in conjunction with the |! | submission to the Senate, full copy of such modifications to |! | the Chamber of Deputies.

Article 11.-After the period of one year from |! | the original agreement, or each year thereafter, |! | the President of the Republic shall request the |! | agreement of the Senate to extend the stay of the |! | National troops abroad, according to thing |! | provided for in article 9 of this law. Uffizi |! | founded containing requests for extension |! | they must be submitted at least thirty days of |! | before the date of expiry of the period of a |! | year.

Without limiting the foregoing, for agreements |! | granted for the entire period that lasts the mission or by |! | a period not exceeding four years, and |! | provided that at least one year has elapsed since the |! | original agreement, signed by ten trade |! | Senators in office, may ask the President of the |! | Senate requiring the Corporation to President of |! | the Republic requesting the Senate a new agreement |! | to extend the permanence of the national troops |! | abroad.
Article 12.-The participation of national troops |! | in a peace operation from those concerning the |! | Article 7, will only extend for up to four years |! | Since its initial approval. In certain cases as |! | of great importance to the national interest or the |! | security of the nation, may exceed that period, |! | but the approval of their eventual extensions must |! | done by a vote of the majority of the |! | Senators in the exercise.

Article 13.-during the period in which troops |! | National is outside the territory of the |! | Republic participating in peace operations, the |! | Ministries of Foreign Affairs and defense |! | National be sent together to the Senate and the camera |! | Members, at least every six months, a report from |! | situation on them. This report will describe the |! | conditions in which the mission, develops and the |! | progress in the fulfilment of the objectives of |! | the same and the activities carried out by the troops |! | National.

After the participation of troops |! | Chilean in a specific peace operation, the |! | President of the Republic must send within |! | sixty days a report to the Senate and the Chamber of |! | Members that detail their results, the level of |! | achievement of the proposed objectives, the situation of the |! | personnel who were deployed, and material costs and |! | effectively incurred financial.

Article 14.-when the departure of national troops |! | the territory of the Republic to participate in |! | peacekeeping under the terms described in the |! | Article 7 ° of this Act, be made in the form of |! | experts or observers, the same authorization is |! | It will adjust to the procedures of article 5. "."

(10) replace article 7, which becomes |! | Article 19, by the following: ' article 19.-the Supreme decrees and the |! | " decisions of the Minister of national defence to be |! | refer articles 1 °, 2 ° and 4 ° shall be based in |! | a report by the staff of the national defense, the |! | that record the opinion of the institution of the |! | respective national defense.

Reports of articles 9, 13, 15 and the |! | (letra c) of the previous article, shall be prepared and |! | proposed to the ministries of Foreign Affairs and |! | National Defense by the Inter-Ministerial Committee of |! | Peace operations ordering set item |! | 8. "."

(11) Insert, after article 14, |! | again, the following heading: "Additional provisions".

(12) Agreganse the following items 15 and 16 |! | New: ' article 15.-the President of the Republic may |! | " have quick or immediate exit from the territory of |! | the Republic of no more than one national troops |! | fundamental unit, a company, or its equivalent, without |! | follow the procedures in title II of this law, in |! | (los siguientes casos: a) when you try to protect, rescue or evacuate |! | people not combatants or armed of nationality |! | Chilean in a conflict zone |! | armed with imminent danger to their lives. The |! | application of the provisions of this subsection shall be in |! | accordance with international law.

(b) has received the request from the Council of |! | Security of the Organization of the United Nations for |! | that its Member States urgently send troops to |! | prevent serious damage to the civilian population in an area of |! | armed conflict, and it is necessary that these troops are |! | deploy immediately.

The Senate shall be dealt, in accordance with |! | (lo dispuesto por el número 10) of article 53 of the |! | Politics of the Republic Constitution, the deadline |! | 48 hours since the President of the Republic you |! | ask for your ruling, request that be |! | It shall forward a copy information to the Chamber of |! | Deputies.

If the permanence of troops, according to this |! | Article, is prolongare more than thirty days will go to |! | governed by the rules of title II of this law. In |! | If anything, the President of the Republic must send |! | the Senate and the Chamber of Deputies, within 15 days |! | of completed any of the operations referred to in this |! | Article, a report on their findings.

Article 16.-The President of the Republic may |! | rescind, at all times and by Decree |! | Supreme issued through the Ministry of |! | Defense national and signed also by the Minister of |! | Foreign Affairs, granted authorisations for |! | the entry of foreign troops into the territory of the |! | Republic, as well as having the return of troops |! | national to it.

Once ordered the return of the troops |! | national in any of its forms, the troops |! | they must return to the country soon as |! | possible and, in any case, within a period of one year. The |! | repatriation must be made in compliance with the |! | plans and return programmes which have been established |! | in each case, ensuring the maximum safety of the |! | staff deployed and crews, as well as providing |! | particular attention to the implementation of commitments |! | International adopted by Chile. "."

13) Insert the following article 18, new, to |! | continuation of article 17, which results from the |! | (modificación que introduce la letra a) of the number 7) of the |! | This article: "article 18.-without prejudice to the provisions in the |! |" articles 13 and 17, the ministries of relations |! | Foreign and national defence will inform |! | along with the Senate and the Chamber of Deputies, in |! | the month of March of each year, with respect to the following |! | all foreign troops from entering the territory (asuntos: a) |! | national and national troops of the same output during |! | the previous calendar year, with the exception of the |! | background that should inform pursuant by |! | Article 37 of the law N ° 19.974, on the system of |! | Intelligence of the State and creating the national agency |! | intelligence.

(b) the entry of foreign troops into the territory |! | national and national troops of the same output |! | planned for the current year, and that they say relationship with |! | the execution of military exercises.

(c) the location of the main operations of |! | peace that the United Nations carry out |! | in the world, with particular emphasis on those |! | may eventually affect Chile. "."

(14) add the following article 20, new: "article 20.-for the purposes of this Act, be |! |" consider troop to all military personnel, armed or not, |! | irrespective of their number, organization or the |! | mode that do it, that entering or exiting from the |! | national territory to carry out acts of |! | service.

The concept of troop of the previous subsection is |! | It also apply to the personnel of the forces of order and |! | Public safety coming out of the national territory in |! | the terms described in this Act. "."