Key Benefits:
Year I -- Quito, Monday, October 5, 2009 -- No. 40
SUMMARY:
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NATIONAL ASSEMBLY
LAW:
-Reforming Law to the Regime Act
Monetary and State Bank .............. 2
EXECUTIVE FUNCTION
RESOLUTIONS:
COUNCIL OF TRADE
OUTDOOR AND INVESTMENTS:
510 Incorporate an explanatory note on the
Annex I of Resolution No. 487 .......... 6
511 Emitese favorable opinion to defer
to 0% of ad-valorem, the tariff corresponding to the import quota of US $ 2 ' 227.294, 29, granted to FENACOOP, with RUC No. 1790751422001, for the importation of tires classified under subheading 4011.20.10.00 ..................................
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512 Modify Annex 2 of Executive Decree 592 for the tariff deferral for Tariff Subheading 8474,80.30.00 of the National Import Tariff ..................
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513 Modify Annex 2 of the Decree
Executive 1243 for the tariff deferral for Tariff Subheading 1302320000 of the National Import Tariff ...................
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514 Modify the Decree Annex 2
Executive 1581 of 12 February 2009, for the deferral Tariff subheading 8438.30.00.00 of the National Import Tariff ..
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517 Eliminate from Annex II to Executive Decree 592, subheadings NANDINA 7207.11.00 and 7207.20.00 .....................
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518 Available to the Ministry of Foreign Affairs, Trade and Integration, initiate the necessary steps with the General Secretariat of the Andean Community, which will allow you to renegotiate the Terms of the Industrial Complementation Convention in the Automotive Sector .....................
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LIC. LUIS FERNANDO BADILLO GUERRERO DIRECTOR IN CHARGE
Quito: Avenida 12 de Octubre N 16-114 y Pasaje Nicolás Jiménez Dirección: Telf. 2901-629 -- Offices and sales: Telf. 2234-540 Distribution (Warehouse): 2430-110 -- Manosca Nº 201 and Av. 10 August Branch Guayaquil: Malecon No. 1606 and Av. 10 August-Telf. 2527-107 Annual subscription: US$ 300 -- Printed on National Editor 1,350 copies -- 16 pages -- Value US$ 1.25
Administration of the Mr Ec. Rafael Correa Delgado Constitutional President of the Repub lica
S U P L E M E N T O
2 -- Supplement -- Official Record No. 40 -- Monday, October 5, 2009
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ECUADORIAN SOCIAL SECURITY INSTITUTE:
12100000-368 Reform the instructional for the Application of the Membership Regulation,
Collection and Control Contributive ......
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MIGRANT NATIONAL SECRETARY:
SENAMI 100-2009 Expidese Regulation Usage, Maintenance and Control of Vehicles 13
NATIONAL ASSEMBLY
Office No. SAN-2009-112 Quito, September 29, 2009. Mr. Luis Fernando Badillo Director of the Official Register, Enc. City
Of my consideration: The National Assembly, in accordance with the powers conferred upon it by the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the Law REFORM OF THE LAW OF THE MONETARY REGIME AND THE BANK OF THE STATE.
In session on September 22, 2009, the National Assembly plenary met and gave a statement on the partial objection presented by the Constitutional President of the
Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, accompanied the text of the REFORM LAW TO THE LAW OF MONETARY REGIME AND BANK OF THE STATE, so that it can be published in the Official Registration.
Atently, f.) Dr. Francisco Vergara O., Secretary General.
THE PLENARY OF THE NATIONAL ASSEMBLY
Considering:
What, the Constitution of the Republic of Ecuador dictated by the Constituent Assembly and published in the Official Register No. 449, of the 20th of October 2008, established the new organization of the State;
That, article 303 of the Magna Carta establishes the existence of the Central Bank of Ecuador as a legal person governed by public law, whose organization and functioning will be established by law;
That, Article 303 of the Constitution of the Republic determines that the formulation of monetary, credit, currency and financial policies is the sole responsibility of the Executive Function;
That, in accordance with Article 141 of the Constitution of the Republic, the President of the Republic exercises the Executive Function, is the Head of State and Government and responsible for public administration; That, the repeal of the Political Constitution of the Republic of Ecuador published in the Official Register No. 01 of 11 August 1998, determined that many provisions of the Law of the Monetary System and the State Bank become legally inapplicable; and, the Legislative and Taxation Commission in use of its legal and constitutional powers issue the following; REFORM LAW TO THE LAW OF MONETARY REGIME AND STATE BANK Article 1.- Replace Article 50, Chapter I "Objective and Personeria, Title IV Central Bank of Ecuador", for the following: The Central Bank of Ecuador is a legal person governed by public law, of indefinite duration, is responsible for its technical and administrative management and with own heritage. It will have the role of implementing, implementing, controlling and implementing the monetary, financial, credit and exchange policies of the State and, as a goal, to ensure the stability of the currency. Its organization, functions and attributions are governed by the Constitution, the Laws, its Statute and the internal regulations, as well as by the regulations and resolutions dictated by its Directory, in matters pertaining to monetary policy, financial, credit and currency of the country. In its internal administration it must apply the laws and regulations in force for the public sector. Article 2.- Substitute section I "Directory of the Central Bank of Ecuador" of Chapter III "Organ of Management, Administration and Control" of Title IV "Central Bank of Ecuador", as follows: " Section I
Of the Directory of Central Bank of Ecuador Art. 57.-The Directory is the highest authority of the Central Bank of Ecuador and will be integrated as follows: a) A delegate of the President of the Republic, who
will chair and have a vote of the president; b) The Minister who coordinates the Economic Policy or his/her
delegate; c) The Minister who coordinates the Production or his
delegate; d) The delegate of the public financial institutions
of development; e) The National Secretary of Planning or its delegate;
and,
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f) The Minister of Finance or your delegate.
The General Manager of the Central Bank and the Superintendent of Banks and Insurance will attend this A directory with a voice but no vote, when dealing with matters related to other institutions or subjects, the officials may be invited to report to the Board. The delegates of the Board members must meet the same requirements as the Law for the General Manager of the Central Bank of Ecuador. During his administration and up to a year after the separation of his position, the members of the Board will not have a labor or social relationship with institutions of the private financial system. The members of the Board of Directors, due to their charges will be served as a National Court of Justice. Art. 58. The Board of the Central Bank of Ecuador shall issue by resolution the Statute of the Central Bank, in which the organizational structure of the institution will be determined. It shall also issue resolutions necessary for the development of the Central Bank. Art. 59.-The Board of the Central Bank of Ecuador will be convened by the President of the Republic, its President on its own initiative or at the request of two of its members, the Superintendent of Banks and Insurance or the General Manager of the Central Bank. The Board shall hold regular sessions, at least once a month and extraordinary when the President calls it, on its own or at the written request of two or more of its members. The quorum for the sessions of the Board of Directors of the Central Bank of Ecuador shall be made up of four of its members, or their respective alternate members. Decisions shall be taken by a simple majority, except in cases where unanimity is required in the decision. The Board is empowered to hold sessions and issue regulations and resolutions anywhere in the Republic. Art. 60.-They are attributions and duties of the Board of the Central Bank of Ecuador: a) Fulfilling and enforcing the Law;
b) Exposing, interpreting, reforming or repealing the regulations or resolutions that, according to the Law, are of their responsibility;
c) Design and submit for approval of the Function Executive proposals for monetary, exchange, credit and financial policy;
d) Establishing systems for monitoring and economic management that will allow the implementation of monetary, exchange, financial and
policycredit to the objectives set out in the Constitution, as well as the regulations on economic, fiscal and public debt policy, within the framework of the National Development Plan;
e) To inform the Executive periodically, regarding the
contracting of public debt at all levels of the State, particularly as regards its consistency with the objectives of monetary, exchange, credit and financial policy, provided for in the constitution under a global environment for the management of the economy;
f) Reporting and advising on a regular basis Executive
regarding the general policies and rules that dictate in the exercise of their attributions. Likewise, it must advise the President of the Republic, when requested, in all matters related to its functions;
g) Appointing and removing the General Manager of the Bank
Central from Ecuador, the General Accountant, the Secretary-General, the Compliance Officer and other officials determining the Central Bank of Ecuador's Organic Statute;
h) Approving the Central Bank's annual budget
of Ecuador and the institutions public sector finance under the control of the Superintendency of Banks and Insurance, For this purpose, the constitutional provisions on monetary, exchange, credit and financial policies are considered;
i) Approve annually the balance sheet and the state of
losses and profits of the Central Bank of Ecuador; (j) Determine the general policy of the Bank, dictating the
general rules to which it will have to adjust its operations, and exercise supervision and supervision over it. For the latter, it will assess compliance with the policies and general rules dictated and the development of the institution's operations and activities;
k) Exercise the right to regulate the interest of the system.
(l) Exercise supervision and dictate the rules of
operation of the country's various payment systems;
m) administratively interpret its regulations,
resolutions, orders or instructions, without prejudice of the legal powers of the courts.
n) Constitutional President of the
Republic, by sending the annual report, periodic reports of the actions, goals and results of the Central Bank of Ecuador;
or) Resolve the procurement of external audits for
specific purposes of the Central Bank of Ecuador, subject to the authorization of the Superintendence of Banks and Insurance and the Comptroller General of the State where appropriate;
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p) Requesting authorization from the Superintendency of Banks
and Insurance for the creation or deletion of agencies, offices or branches of the Bank Ecuador Central, in the country or abroad;
q) Approving the general policy of correspondent with the
national and foreign banks; and, r) Exercise the other functions and faculties that
correspond to the Constitution of the Republic, the law and those assigned to it by the President of the Republic by means of executive decrees.
The Board, acting unanimously, may delegate some of these privileges and duties to the General Manager in order to give greater agility and operability to the activities to be developed by the Institution, with the exception of of the provisions of subparagraphs (b), (g), (h), (i) (k), (m). Art. 61. The general rules will be issued by the Board of the Central Bank of Ecuador through regulations. The administrative rules and the individual decisions, by means of resolutions. The regulations issued by the Board of the Central Bank of Ecuador will have a mandatory force and will begin to apply from the date of their publication in the Official Register, except those in which the Board itself, in the light of the matter, has which have been issued since the date of their issue, without prejudice to their subsequent publication in the Official Register. In these cases these regulations will be published as soon as possible in the national press and immediately on the website of the website of the Central Bank of Ecuador. " Article 3.-Substitute 69, by the following text: " Article 69.-The General Manager shall be an official of free appointment and removal, appointed by the Board of the Central Bank of Ecuador. He is responsible for the operations and internal administration of the Central Bank of Ecuador. It shall exercise its legal representation and shall be responsible for the proper and efficient functioning of the Institution. He is obliged to devote all his activity to his duties and shall not be able to exercise any other public or private activity, except those arising from the exercise of his or her duties established in specific laws or university teaching. During his administration and up to a year after the separation of his position, he will not have a labor or social relationship with private institutions in the financial system. To be General Manager, it will be necessary to have a third-level university degree conferred by an establishment of higher education of the country or abroad, in professions related to the function that will play. The General Manager of the Central Bank of Ecuador on the basis of his position shall enjoy the jurisdiction of the National Court of Justice. " Article 4.- Following Article 69, add the following unnumbered item:
" Art. ....-You may not be General Manager of the Central Bank of Ecuador: a) The spouse or relatives, within the third degree of
consanguinity or second of affinity, as well as the adoptive parents or children of the President of the Republic;
b) The one who will be in arrears with financial institutions
open or closed, or debtor of the State for contribution or service having a year or more of being enforceable;
c) Who has a conviction for crime; d) Who has not filed the estate declaration
sworn in as provided for in the Constitution of the Republic and the law; and, have not authorized the lifting of the stealth of their bank accounts;
e) Who has been legally declared
responsible for irregularities in the administration of public entities or undertakings or in which it has shareholding or private companies or has
f) The holders of current accounts closed by the
Superintendency of Banks and Insurance, up to two years after their rehabilitation; and, those with a punished portfolio; and,
g) Who for any cause is legally present
incapacitated for exercise the position. " Article 5.- Replace the literal m) of Article 70 by the following: " m) Name or remove the Submanager General and the Branch Managers and other officials as determined by the Staff Regulations. Additionally, propose to the Board of the Central Bank of Ecuador the appointment or removal of the General Accountant and other officials determined by the Statute, which will be subject to incompatibilities and prohibitions to be General Manager of the Central Bank of Ecuador. Also request the Comptroller General's removal from the auditor-general, for justified reasons; " Article 6.- In Article 70, add the following literal:" p) Request background, status or general information or (a) special reference to the operations corresponding to the policies and agreements adopted by the Board of the Bank and the need for public, private institutions and State control bodies. " Article 7.- Substitute Article 71, by the following text: " Article 71.-The Deputy General Manager shall be a free appointment and removal officer appointed by the General Manager of the Central Bank of Ecuador, shall replace the General Manager. General in cases of absence or temporary or permanent impairment as long as the new holder is designated.
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The Submanager General will perform the functions designated by you or delegate to the General Manager. " Article 8.- Delete the second indent of Article 73. Article 9.- At the end of the first paragraph of Article 74, add the following: " The Bank shall compile and publish, in a transparent, timely and periodic manner, national macro-economic statistics. For the purpose of fulfilling the tasks referred to in this Article, the Bank shall be empowered to require the public and private sector, the information it deems necessary. " Article 10.- Delete Article 93. Article 11.- In Article 120, replace the phrase "Article 60" with the phrase "innumbered article after 69".
GENERAL PROVISIONS: FIRST.- By this Law the assets, rights and actions that the Central Bank of Ecuador received in payment and which are required by the Constitutional President of the Republic or its delegate, to be used by other public institutions, become the property of the public institutions established by the President of the Republic by Executive Decree. This provision is extensive for the goods, rights and actions that the Central Bank of Ecuador has for the validity of this Law. These transfers of domain, as well as the legal acts which may be held for the reason of the latter, shall be exempt from any tax. The competent Public Registrars are empowered to perform without charge any records and modifications of property registration that are carried out in compliance with the provisions of this Law. SECOND.- As of the month in which this law enters into force, the Central Bank of Ecuador will readjust the remuneration of its servers which, at present, perceive by this concept higher values than those established in the Payments for the higher hierarchical level approved by the SENRES for the Central Bank of Ecuador. The SENRES, within thirty (30) days, will readjust the remuneration of those Central Bank servers whose functions do not correspond to the higher hierarchical level and who receive salaries equal to or higher than that of that level. (a) to maintain the due proportion in relation to the responsibilities of the higher hierarchical level. The staff that the Central Bank of Ecuador contracts or incorporates in a permanent way to its role of payments, starting from the validity of this Law, will receive the remuneration that corresponds according to the scales determined by the SENRES. THIRD.- The Central Bank of Ecuador will not grant its current and future servers, under any
circumstance, retirement benefits, orphanages, montepio, loans and other benefits the benefit of which corresponds to exclusively to Social Security. The pensions which, by retirement, montepio, widower, invalidity, etc., whose payment is currently assumed by the Central Bank of Ecuador, will be adjusted from the validity of this Law according to the maximum amounts permitted by the Law of Social security as soon as the beneficiaries comply with the requirements laid down in the law. For those former employees who receive these benefits for having met only the requirements of the decisions of the Monetary Board or the Board of Directors of the Central Bank of Ecuador, they will be paid solely and for all purposes, a pension that is proportionate to the fulfilment of the requirements laid down for each case in the Social Security Act. They shall not be entitled to a retirement pension, or of any other nature, those former employees of the Central Bank of Ecuador who compensated in time or paid early contributions, as mechanisms for fulfilling retirement requirements; nor those former employees of the Central Bank of Ecuador who, having been members of the Monetary Board or the Board, approved any of the resolutions or regulations that relate to those retirement systems and of which they have subsequently benefited. The Comptroller General of the State, within thirty (30) days, will establish the securities that currently exist in the accounts of the Central Bank of Ecuador affected to the payment of retirement pensions, and that correspond to: resources contributed by the Central bank, contributions of the servers and financial returns; after which, the values corresponding to the personal contribution and the yields that specifically these personal contributions have generated, will be delivered to the servers, in not more than sixty (60) days, provided there are no outstanding debts with the Central Bank for mortgage loans or for any other concept, in which case their immediate compensation shall be made, the other items shall be reintegrated into the respective accounts of the Central Bank. FOURTH.- special commissions are created: One to define policies and supervise the transfer of the cultural activities of the Central Bank of Ecuador to the National System of Culture, led by the Ministry of Culture and another commission for similar purposes for the transfer of the Worker's Boy Program, directed by the Ministry of Economic and Social Inclusion, who in their field, will have to define the process of transferring cultural and social activities that develops the Central Bank of Ecuador, up to one year after the publication of this Law in the Official Register. The special commissions within eight (8) days, will present to the Board their proposals for internal organization and administration on the basis of this Law. All the staff of the Central Bank of Ecuador who are part of the regional cultural addresses and the Worker's Program, as well as the permanent staff employed in those offices, who have worked for more than two years In a row at the Central Bank of Ecuador or who are working for the institution, they will be part of the institutions
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corresponding to the special commissions, through the legal procedures, under the salary scales established by the SENRES. Legal and operational mechanisms will be established to ensure that labour rights are not voluntarily or unintentionally affected. The special committees shall present in 60 days the budgetary pro forms for the year 2010. All the rights and obligations of natural or legal persons, as well as benefits or credits for the cultural and social activities of the Central Bank of Ecuador, are subject to pecuniary or in-kind compliance is the case with respect to the enforcement of such rights and obligations. Contracts concluded by the Central Bank of Ecuador with third parties, for the execution of cultural and social activities shall be valid and its clauses shall be strictly enforced by the signatory parties, until their expiration unless a cause of contract termination arises. Until 31 July 2010, all cultural and non-cultural goods and rights belonging to the Central Bank of Ecuador that form part of the cultural management of the Central Bank will be transferred to the institution of the National System of Culture. to establish the Ministry of Culture, with the exception of the Numismatic Museum and the Economic Library. On July 31, 2010, all goods and rights belonging to the Central Bank of Ecuador will be transferred to the Ministry of Economic and Social Inclusion. During the transfer they will be considered technical criteria for the elaboration of the inventories that will protect the archaeological reserves and other cultural goods within the framework of the Constitution and the Law of Cultural Heritage. FINAL DISPOSITION.- This Law shall enter into force from its publication in the Official Register. Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, at the twenty-two days of the month of September, two thousand nine. f.) FERNANDO CORDERO CAVE, President of the National Assembly f.) DR. FRANCISCO VERGARA O., Secretary General of the National Assembly.
CERTIFIED that the REFORM BILL TO THE LAW OF THE MONETARY REGIME AND STATE BANK was discussed and approved in the first debate on July 24, 2009 and in Second debate on July 30, 2009, by the Legislative and Fiscalization Commission; and, the National Assembly gave its opinion on the partial objection of the President of the Republic on September 22, 2009.
Quito, September 29, 2009
f.) Dr. Francisco Vergara O., Secretary General of the National Assembly.
No. 510
THE FOREIGN TRADE AND INVESTMENT COUNCIL
Considering:
That, by Resolution 466, published in the Official Register No. 512 of January 22, 2009, the Council of Trade and investment (COMEXI) approved the application of a safeguard measure for balance of payments, in accordance with the provisions of the General Agreement on Tariffs and Trade (GATT), in its Art. XIII, Section B, by virtue of the fact that our country is currently experiencing serious difficulties in balancing its balance of payments and the external sector of its economy;
That, for the establishment of this safeguard by balance of payments, In the light of the provisions of the General Agreement on Tariffs and Trade of 1994 on the Balance of Payments, the World Trade Organisation (WTO) and the rules of Decision 563 of the Commission of the Andean Community, which contains the codification of the Cartagena Agreement, which in its Chapter XI, "Safeguarding Clauses", provides in Article 95 for the Member States to be able to take measures to correct the imbalance in their balance of payments, including, with the character of an emerging measure;
Article 3 of Resolution No 466 referred to above, the Executive Committee of COMEEXI is empowered to adopt any additional provision requiring the application of the safeguard by balance of payments;
of 22 June 2009, the Plenary Session of the Foreign Trade Council, on the basis of recommendations of the technical report of the permanent ad-hoc group coordinating the Ministry of Industries and Productivity, adopted Resolution No. 487, published in the Supplement to the Official Register No. 621 of 26 June 2009, by which amended the balance of payments safeguard by replacing quotas with tariff surcharges;
What, the National Telecommunications Corporation-CNT S. A.-, by means of communications of 11 March, 25 August and 4 September 2009, The Commission has asked for the exemption of the safeguard for the balance of payments for the tariff subheadings 8517120000 concerning fixed wireless terminal equipment CDMA 450 and 8523402900 on CDs containing software with the information and telecommunications technology systems;
Which, the Executive Committee of the At its meeting on 10 September 2009, COMEXI welcomed the recommendations of the technical report of MIPRO No. 244-SCI of September 8, 2009, which recommends that the reform of Resolution 487 be carried out, through which a Explanatory note in Annex I to that
