ARTICLE 4o. The income and capital resources budget, revenue from the financing bill referred to in the article 347 of the Political Constitution that the Executive present in the sum of ONE BILLION PESOS SIXTY-THREE BILLION PESOS LEGAL ($1,163,000,000,000), if the Congress of the Republic approves, in order to balance the revenue budget with the expense budget.

THIRD PART.

GENERAL PROVISIONS.

ARTICLE 5o. The general provisions of this Law are complementary to laws 38 of 1989, 179 of 1994, 225 of 1995 and 819 2003, Organic of the Budget, and should be applied in harmony with these.

These rules govern the organs that make up the General Budget of the Nation, and for the resources of the Nation assigned to the Industrial and Commercial Companies of the State and the Societies of Mixed Economy with the regime of those.

Funds without legal status must be created by law or by their express authorization and will be subject to the rules and procedures laid down in the Political Constitution, the Organic Statute of the Budget, this Law and the other rules governing the organs to which they belong.

CHAPTER I.

OF RENTS AND RESOURCES.

ARTICLE 6o. The General Directorate of Public Credit and the National Treasury of the Ministry of Finance and Public Credit will inform the different bodies of the dates of the improvement and disbursement of the resources of the nation's internal and external credit. The public establishments of the national order shall report to the referring address the amount and dates of the external and internal credit resources contracted directly.

The General Directorate of Public Credit and the National Treasury of the Ministry of Finance and Public Credit will first conceptualize requests for modification to sources of financing when it comes to the credit resources of the different appropriations that are detailed in the annex to the settlement decree, provided that they do not modify the amounts approved by the Congress of the Republic in the annual law.

ARTICLE 7o. The National Government will be able to perform no budgetary operation, replacements in its investment portfolio with its decentralized entities, in accordance with the legal norms. in effect.

ARTICLE 8o. The current income of the Nation and those contributions and resources that are not authorized in the legal norms for its collection and management to another body, must be entered in the Directorate General Public Credit and National Treasury, for whom they are in charge of their collection.

Superintendents that are not a budget section should record monthly in the General Directorate of Public Credit and the National Treasury, the total value of the contributions established in the law.

ARTICLE 9o. The Minister of Finance and Public Credit will set the technical criteria for the management of the excess liquidity of the National Treasury in line with the monetary, exchange rate and rate objectives. of short and long term interest.

ARTICLE 10. The National Government may issue Treasury securities, TES, Class "B", based on the law of Law 51 of 1990 according to the following rules: they will not count on the solidarity guarantee of the Bank of the Republic; the estimate of the income the product of its placement will be included in the General Budget of the Nation as capital resources, with the exception of those arising from the placement of securities for temporary treasury operations; their yields will be handled by the General budget of the Nation; its redemption will be handled by the resources of the General Budget of the Nation, with the exception of temporary treasury operations whose amount of issuance will be fixed in the decree authorizing them; they may be administered directly by the Nation; they may be denominated in foreign currency; their issuance only will require the decree authorizing it and setting its financial conditions; its issuance will not affect the debt quota and will be limited, for those intended to finance the budgetary appropriations for the amount of the debt.

ARTICLE 11. The financial returns originated with the Nation's resources, including fiduciary business, must be entered in the General Directorate of Public Credit and the National Treasury in the month following its collection.

ARTICLE 12. Facultate to the Directorate General of Public Credit and the National Treasury so that with the surplus of liquidity in national and foreign currency of the funds it manages, carry out the following operations: purchase and sale of securities securities issued by the Nation, the Bank of the Republic, Fogafin, entities subject to the control and supervision of the Financial Superintendence and other governments and treasuries; purchase of the Nation's debt; purchases with a retraction pact with public entities and with financial institutions subject to supervision and supervision of the Banking Superintendence, within the quotas authorized by the Minister of Finance and Public Credit; interest-bearing deposits and financial investments in entities subject to supervision and supervision of the Banking Superintendence; term deposits and purchases of securities issued by foreign banking and financial institutions; risk-covering operations; and the others authorized by the National Government; likewise, transitional loans to the General Directorate of Public Credit and the National Treasury, recognizing the market during the period of use, event that does not imply unit of cash; and loans securities securities to that address at market rates.

PARAGRAFO. The above applies when, in accordance with the legal provisions, the General Directorate of Public Credit and the National Treasury cannot make unit of cash with the resources of the funds it administers.

CHAPTER II.

OF EXPENSES.

ARTICLE 13. The affectations to the budget shall be made taking into account the principal benefit arising from the commitments that are acquired and charged to this item shall be covered by the other inherent costs or accessories.

With the appropriations of each budget item, which will be affected by the initial commitments, the obligations arising from these commitments, such as unforeseen costs, adjustments and revision of values and interests, will be met. moratoria and nationalisation costs.

ARTICLE 14. prohibit the processing of administrative acts or obligations affecting the budget of expenditure where they do not meet the legal requirements or are set up as completed facts. The legal representative and the authorising officer of the expenditure or in whom they have delegated, shall be liable to disciplinary, fiscal and penalistically for failure to comply with this rule.

ARTICLE 15. To provide vacant jobs, the budget availability certificate will be required for the 2007 fiscal year. By means of this, the Head of Budget or who does his/her times will guarantee the existence of the resources from January 1 to December 31, 2007, for all concept of personnel expenses, except that the appointment is in replacement of a charge provided or created during the term, for which the budget availability certificate must be issued for the remainder of the fiscal year.

All public servants ' provision of jobs should correspond to those provided for in the staff plant, including the linkages of the official workers.

Prior to the recognition of the Technical Prima the certificate of budget availability will be issued. The existence of resources from 1 January to 31 December 2007 must be ensured through this provision.

The linkage of supernumeraries, for periods longer than three months, must be authorized by resolution subscribed by the head of the respective organ.

ARTICLE 16. The request for modification to the personnel plants will require for consideration and processing, by the Ministry of Finance and Public Credit, General Directorate of the National Public Budget, the following requirements:

1. Explanatory statement.

2. Comparative costs of the current and proposed plants.

3. Effects on overheads.

4. National Planning Department concept if investment expenses are affected.

5. And the others that the Directorate General of the National Public Budget considers relevant.

The Administrative Department of the Civil Service will approve the proposals for modifications to the personnel plants, when they have obtained the budgetary viability of the Ministry of Finance and Public Credit-Directorate General of the Budget. National Public.

ARTICLE 17. Resources for training and social welfare programmes cannot be designed to create or increase wages, bonuses, bonuses, bonuses, social benefits, extra-legal remuneration or pecuniary stimuli. occasional that the law has not established for public servants, nor serve to grant direct benefits in money or in kind.

Training programs will be able to understand the license plates of the officials, which will be turned directly to the educational establishments, except as provided for in article 114 of Law 30 of 1992. Their grant shall be made in accordance with the internal rules of the respective body.

ARTICLE 18. The Directorate General of the National Public Budget of the Ministry of Finance and Public Credit will be responsible for issuing the resolution that will govern the constitution and operation of the smaller boxes in the organs that make up the General Budget of the Nation, and in the national entities with budgetary regime of Industrial and Commercial Enterprises of the State with non-financial character, in respect of the resources assigned to it by the Nation.

ARTICLE 19. The acquisition of the goods needed by the organs that are part of the General Budget of the Nation for its operation and organization require a plan of purchases. This plan must be approved by each organ in accordance with the appropriations authorized in the General Budget of the Nation and will be modified when the appropriations that support it are modified.

ARTICLE 20. Distributions may be made in the revenue and expenditure budget, without changing its destination or amount, by means of a resolution signed by the head of the respective body.

In the case of the public establishments of the national order these distributions will be made by resolution or agreement of the boards or Directive Councils. If there are no boards or Directives, the legal representative of these boards will be done.

The budgetary operations contained in the aforementioned administrative acts will be submitted for approval by the Ministry of Finance and Public Credit-Directorate General of the National Public Budget, and in the case of investment expenses, will require the prior favorable concept of the National Department of Planning-Investment and Public Finance Directorate.

The heads of the organs will respond to the legality of the acts mentioned.

In order to avoid duplication in cases in which the distribution affects the budget of another body that makes part of the General Budget of the Nation, the same administrative act will serve as the basis for making the corresponding adjustments. in the organ that distributes and incorporates those of the receiving organ. The budgetary execution of these should be initiated in the same validity of the distribution; if required, subordinate and subprojects will be opened.

The head of the body or in whom the latter has delegated the management of the expenditure will be able to carry out at the level of the decree of liquidation internal allocations of appropriations in its dependencies, sectionals or regional in order to facilitate its operational and management, without the same ones involving changing their destination. These allocations for validity will not require approval from the Ministry of Finance and Public Credit-General Directorate of the National Public Budget.

ARTICLE 21. The organs referred to in Article 5 of this Law may make advances only when they have approved Caja-PAC Annual Program.

ARTICLE 22. The National Government in the settlement decree shall classify the revenue and expenditure and define the latter.

This classification shall include the revenue contained in the financing bill referred to in Article 4 of this law, if the latter is approved.

Likewise, when the items are incorporated into rentalistic numerals, sections, programs, and subprograms that do not correspond to their object or nature, they will be placed on the appropriate site.

The General Directorate of the National Public Budget of the Ministry of Finance and Public Credit will make by resolution, operations that in the same sense are required during the course of the term.

When it comes to the investment spending budget it will require the prior favorable concept of the National Planning Department.

ARTICLE 23. The Ministry of Finance and Public Credit-Directorate-General of the National Public Budget, either on its own initiative or at the request of the head of the respective body, will make by resolution the clarifications and corrections of legend necessary to amend the Transcription and arithmetic errors that appear in the General Budget of the Nation for the fiscal year 2007.

ARTICLE 24. The Ministry of Finance and Public Credit-Directorate General of the National Public Budget may refrain from bringing forward the formalities of any budgetary operation of the entities mentioned in the article 5 of this Law that breach the objectives and goals outlined in the Financial Plan, in the National Government Macroeconomic Programming and in the Annual Cash Program.

ARTICLE 25. The organs referred to in article 5 of this Law shall send to the General Directorate of the National Public Budget monthly reports on the execution of revenue and expenditure, within the first five (5) days of the following month.

ARTICLE 26. The commitments and obligations of the organs that are a section of the General Budget of the Nation corresponding to the appropriations financed with income from contracts or agreements, can only be assumed when they are have been perfected.

ARTICLE 27. When the organs that are part of the General Budget of the Nation, conclude contracts with each other, that affect their budgets, with the exception of the ones of credit, they will make the adjustments by resolutions of the head of the respective organ. In the case of the Public Establishments of the National Order, the Superintendents and Special Administrative Units with legal status as well as those mentioned in Article 5 of the Organic Statute of the Budget, such adjustments must be made by agreement or resolution of boards or boards or the legal representative of the body, if there are no boards or boards of directors.

The administrative acts referred to in the previous paragraph must be submitted to the Ministry of Finance and Public Credit-Directorate General of the National Public Budget, accompanied by the respective certificate of budget availability and their economic justification, for the approval of the budgetary operations contained therein, a requirement without which they may not be executed. In the case of investment expenses, it will require the prior favorable concept of the National Department of Planning-Investment and Public Finance Directorate.

The heads of the organs will respond to the legality of the acts mentioned.

ARTICLE 28. When the organs that make up the General Budget of the Nation have real estate that is not currently being used or is not necessary for the normal development of their functions, they must carry out all the activities to comply with the provisions of article 8 of Law 708 of 2001 and its regulatory decrees dealing with the real estate owned by the Ministry of Commerce, Industry and Tourism located on the island de Baru, Cartagena Tourist District. They may also be transferred, prior to approval, in the form of capital contributions to industrial and commercial enterprises of the State in accordance with the conditions indicated by the Ministry of Commerce, Industry and Tourism without this For this purpose, the provisions of the third paragraph of Article 1o of Law 708 of 2001 are observed for this purpose.

In the same way, when such organs function in properties owned by private persons in the capacity of tenants, they must make the necessary arrangements for their transfer to a building that is not currently occupied by another public entity and it is your property.

ARTICLE 29. No body may enter into commitments that involve the payment of quotas to international organizations under the General Budget of the Nation, without the approval of public treaties or the President of the Republic of authorized its provisional application in the terms of article 224 of the Political Constitution.

Once the requirements of the previous paragraph have been met, prior to the authorization of the Ministry of Foreign Affairs, the public establishments of the national level may only pay the fees to those agencies from their own resources.

The contributions and contributions of the Republic of Colombia to the International Financial Organizations will be paid from the General Budget of the Nation, except in cases where the contributions are counted as international reserves, which will be paid in accordance with the provisions of Law 31 of 1992 or those that modify or add to it.

ARTICLE 30. The organs that make up the General Budget of the Nation must reintegrate, within the first quarter of 2007, the General Directorate of Public Credit and the National Treasury, and their treasuries when they correspond to own resources, the resources arising from agreements with international bodies that are not covered by commitments or obligations, and which correspond to budgetary appropriations of the fiscal year 2005 and earlier, including their financial returns, currency differential, and other revenue originated in those, with the corresponding support.

ARTICLE 31. Where there is a budget appropriation in the service of public debt, advances may be made in the payment of borrowing contracts. The public debt service for the month of January 2008 may also be subject to the ongoing validity of the service.

ARTICLE 32. The legal representation and management of the debt service expenditure is carried out by the Minister of Finance and Public Credit or in whom the latter delegate, according to the provisions of the Organic Law of the Budget.

ARTICLE 33. The expenses that are necessary for the administration, achievement and service of public credit operations, those treated as those, the debt management itself, the related operations and the other related to the resources of the Credit will be serviced by the Public Debt Service appropriations.

CHAPTER III.

OF BUDGET RESERVES AND ACCOUNTS PAYABLE.

ARTICLE 34. The budget reserves and the accounts payable by the organs that make up the General Budget of the Nation, corresponding to the year 2006, must be constituted by 26 January 2007 at the latest and be sent within three (3) days. to the General Directorate of the National Public Budget. The former shall be made up of the expenditure authorising officer and the head of the budget or who does his or her duties, and the latter shall be made up of the expenditure authorising officer and the treasurer of each body.

When it comes to the contribution of the Nation to the Industrial and Commercial Companies of the State or to the Companies of the Mixed Economy with the regime of those, both the reserves and the accounts payable must be constituted within the same period, by the computer of the expenditure and the head of the budget or by whom, in the first case, and by the authorising officer of the expenditure and the treasurer of each company or company in the second case.

The same procedure applies to Superintendents and Special Administrative Units when they do not appear as budget sections.

ARTICLE 35. Constituted the accounts payable and the budget reserves of the fiscal life of 2006, the surplus money will be reintegrated to the General Directorate of Public Credit and the National Treasury.

The accounts payable and the budget reserves corresponding to the fiscal year of 2006 that have not been executed as of December 31, 2007, expire without exception. Consequently, they must be reintegrated into the General Directorate of Public Credit and the National Treasury.

The resources incorporated in the General Budget of the Nation for the Industrial and Commercial Companies of the State and the Companies of the Mixed Economy with the regime of those that have not been committed or executed to 31 of December 2007, they must be reintegrated by them to the General Directorate of Public Credit and the National Treasury.

PARAGRAFO. The reintegrals in which it deals with the first paragraph of this Article must be carried out by the expenditure authorising officer and the management officer of the respective body, by 19 January 2007 at the latest. The same officials shall reintegrate the resources referred to in the second and third subparagraphs by 19 January 2008 at the latest.

CHAPTER IV.

OF FUTURE VIGENCIES.

ARTICLE 36. The annual quotas authorised to assume commitments of future vigrencies not used at 31 December of the year in which the authorisation is granted expire without exception.

In the case of tender, merit contest or any other selection process, the annual quotas of future vigencies with the act of award are understood.

ARTICLE 37. The requests to commit resources of the Nation, which affect future fiscal vigencies of the Industrial and Commercial Companies of the State or Companies of Mixed Economy with those, must be processed through the organs that make up the General Budget of the Nation to which they are linked.

CHAPTER V.

VARIAS PROVISIONS.

ARTICLE 38. The public servant that receives an order of embargo on the resources incorporated in the General Budget of the Nation, including the transfers that the Nation makes to the Territorial Entities, is obliged to carry out the formalities to request their embargo. For this purpose, he will request the General Directorate of the National Public Budget of the Ministry of Finance and Public Credit, the constancy on the nature of these resources. The request must indicate the type of process, the parties involved, the judicial office that proposed the precautionary measures, and the origin of the resources that were seized.

This constancy of inembargability refers to resources and not to bank accounts, and it corresponds to the requesting public servant, in cases where the judicial authority so requires, to process, before the entity responsible for the rotation of the Resource for the precautionary measure, the corresponding certification on bank accounts.

ARTICLE 39. Statements and reconciliations will be incorporated into the budget according to the availability of resources, in accordance with Article 39 of the Organic Statute of the Budget.

ARTICLE 40. The organs referred to in Article 5 of this Law shall pay the rulings of guardianship under the rubric that corresponds to the nature of the failed business. In order to be paid, in the first instance, the required budget transfers must be made, with the appropriation balances available during the current fiscal year.

Public establishments must address the providences that are proposed against them, first of all with own resources.

By means of the appropriations of the headings and reconciliations, all expenses incurred in the courts of Arbitration may be paid.

ARTICLE 41. The Nation will be able to contribute to the official postal operator, the necessary resources to guarantee the postal franchise service provided by the law, provided to the organs that are part of the General Budget of the Nation, once the recognition of the provision of the service by the latter.

ARTICLE 42. The Office of the Prosecutor General, the National Police, the National Army, the National Navy, the Air Force, and the Administrative Department of Security must cover the expenses of the personnel involved in their budgets. These bodies and that make up the Unified Action Groups for Personal Freedom-Gaula-referred to in Law 282 of 1996.

ARTICLE 43. The National Planning Department, no later than one month after the issuing of the Liquidation Decree, will send a report to the Directorate General of the National Public Budget where the indicative distribution of the budget is presented. of investment by departments.

When modifications are made to the budget that affect regionalization, the different bodies should submit this information to the National Planning Department, within the month following the improvement of this operation, so that It consolidates the information and sends it within ten (10) days after the General Directorate of the National Public Budget.

ARTICLE 44. The initial budget for the 2007 tax term complies with the provisions of article 31 of Law 344 of 1996 and in article 8 of Law 819 of 2003.

ARTICLE 45. The obligations for medical-care services, public service addresses, customs operating expenses, communications, transport and inherent payroll contributions, caused in the last quarter of 2006, can be pay out of the appropriations for the 2007 tax year.

The holiday premium, the compensation to them, the default, pensions and taxes, can be paid from the current budget regardless of the year of their causation.

Organs that are part of the General Budget of the Nation will be able to pay from the current budget, the obligations received from the liquidated entities that were caused by the same, corresponding to public services. Households and Contributions Inherent to the Nomina, whatever the year of their causation, affecting the rubric that gave it origin.

ARTICLE 46. Authorize the Nation and its decentralized entities, to carry out cross-border accounts, with territorial entities and their decentralized entities, and with the Public Service Companies with State participation, on the obligations that Reciprocally have caused. Prior agreement between the parties will be required for these purposes. These operations should be reflected in the budget, retaining only the destination for which the respective appropriations were programmed.

In the case of obligations of legal origin that the Nation and its decentralized entities have for other public bodies, it must be taken into account, for the purposes of these compensations, the transfers and contributions, to any title, that the former have made the last in any tax term. If there is any balance against the Nation, it will be able to pay for it through public debt securities, without involving any budgetary operation.

When the qualities of creditor and debtor are combined in the same person, as a result of a process of liquidation or privatization of national public law bodies, the accounts will be automatically compensated, without budgetary operation. some.

ARTICLE 47. The Nation may issue bonds on market conditions or other securities of public debt to pay the financial obligations under its charge caused or accumulated as of December 31, 1993, by way of liability for pensions and non-payment of persons. beneficiaries of the extinct Seasonal Seasonal Health Care Fund; to clean up the liabilities corresponding to the State Universities ' non-stop-work, as referred to in Article 88 of Law 30 of 1992, of the administrative staff and teachers not covered by the new wage regime.

Likewise, it will be possible to issue pension bonds that deal with the 100 Act of 1993, in particular for State Universities.

The Nation will be able to recognize as public debt the obligations of the National Institute of Concessions "INCO", which have arisen in the contracts with guarantees for guaranteed minimum income; in these cases they will be recognized through the the issuance of bonds or other securities of public debt under market conditions, for which the procedure provided for in Article 29 of Law 344 and its regulatory standards, as appropriate, shall be provided.

PARAGRAFO. The issuance of the bonds or securities covered by this article does not imply any budgetary operation and should only be budgeted for the purposes of redemption. The same procedure will apply to bonds issued in compliance with article 29 of Law 344 of 1996. The entities of the General Budget of the Nation that use this mechanism shall only proceed with the accounting records that are of the case for extinguishing those obligations under the payment agreements that they subscribe with the Ministry of Finance. and Public Credit.

ARTICLE 48. The difference between the income of the regulated producer and the price on the international market referenced to the market of the Gulf of the United States of America for the refiners or importers, which was being assumed by these, in compliance of the social purposes of the State in the terms provided for in the Political Constitution, it may be financed during the fiscal period of 2007 with charge to the resources of the Nation that are incorporated in the budget of the Ministry of Mines and Energy, which will determine the basis, criteria and procedures for your assignment and transfer.

ARTICLE 49. As of the validity of this Law, the General Directorate of Public Credit and the National Treasury will extinguish the existing accounting balances by way of payment agreements signed with entities of the national order and that originated exclusively in the recognition as public debt of the Nation of outstanding obligations of payment through Titles of Treasury Class B-TES B-, in development of the previewed in the article 29 of the 1996 344 Act and the article 1o of Act 419 of 1997.

ARTICLE 50. The Nation will be able to recognize as public debt the obligations established before December 22, 2006 and which comply with the requirements established by law through the Presidential Agency for Social Action and Cooperation. International-SOCIAL ACTION, in favor of the victims of the violence that is dealt with by Law 418 of 1997, extended by Law 548 of 1999 and Law 782 of 2002. In such cases they shall be recognised by issuing bonds or other securities of public debt under market conditions.

ARTICLE 51. The percentage of the sale of the sales tax allocated to the Departmental Departmental Boxes and the Social Security Fund of the Magisterium, for the payment of the definitive cessation and pensions of the teaching staff nationalised, will continue to be paid on the basis of the conventions signed under Law 91 of 1989.

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