Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE N ° 810
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the Constitution of the Republic states in its article 1, that El Salvador recognizes the human person as the origin and the end of the activity of the State,
consequently, it is the obligation of the State to assure its the enjoyment of the rights of freedom, health, culture, economic well-being and social justice.
II.-That the Constitution of the Republic in its Articles 2, 35, first and 44 points first, establishes among others the obligation of the State, to protect the
right to life, physical integrity and health of the population in general and minors in particular; and to ensure that the conditions to be met by the workshops, factories and workplaces are met.
III.-That Article 217 of the Constitution of the Republic establishes that for the development of manufacturing, import, export, arms trade, ammunition, Explosives and similar articles, can only be carried out
with the authorization and under direct supervision of the Executive Body in the Defense Ramo; also establishing that a special law will regulate this matter.
IV. Legislative Decree No. 655 dated July 1, 1999, published in Official Journal No. 139, Volume No. 344 of July 26, 1999, the Law of Control and Regulation of Arms, Ammunition, Explosives and Articles
issuedincorporated aspects relating to pyrotechnic products or pyrotechnic substances, to through reforms to the aforementioned Law; thus merging, in the concept of national defense two subjects
related, but distinct in terms of its regulation and control.
V.-That on the basis of the above and after the running of the years, it has been found the necessity and importance of the creation of a special law, which regulates the activities related to the import, storage, transport, manufacture,
marketing, handling, hospitalization and export of pyrotechnic products or pyrotechnics substances, since they are currently being used for pyrotechnics; is framed under the Law of Control and Regulation of Arms,
Ammunition, Explosives and Similar Articles, being necessary a full identification of the importance that it possesses to have its own rules, that it is according to the order national and international legal.
BY TANTO,
in use of its Constitutional powers and at the initiative of the then President of the Republic
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through the Minister of Government, both of the 2009-2014 Presidential term; Deputies of the 2012-2015 Legislature Othon Sigfrido Reyes Morales, Yohalmo Edmundo Cabrera Chacon, Carlos Cortez
Hernandez, Dario Alejandro Chicas Argueta, Benito Antonio Lara Fernandez, Reynaldo Antonio Lopez Cardoza, Sigifredo Ochoa Perez, Orestes Fredesman Ortez Andrade, Ramón Aristides Valencia Arana; and with the support of Martyr Arnoldo Marin Villanueva.
DECCRETA, the following:
SPECIAL LAW FOR THE REGULATION AND CONTROL OF ACTIVITIES RELATING TO PYROTECHNICS
TITLE I
CHAPTER ONLY OBJECT, COMPETENCE AND SCOPE OF APPLICATION
Object
Art. 1. This Law is intended to regulate and control activities related to the
importation, hospitalization, storage, transportation, manufacture, marketing, handling and export of pyrotechnic or other products. substances related to pyrotechnics, as well as sanctioning breaches of this Law.
Competition
Art. 2.-The application of this Law to the Ministry of National Defense through
the Directorate of Logistics; which will authorize and supervise the activities contained in the previous article, after favorable opinion, according to the case, of the directly related institutions. Likewise, it will impose the sanctions corresponding to those who violate this Law, without prejudice to the responsibility
civil or criminal to have place.
The Ministry of Government and Territorial Development, through the Body of El
Salvador, will issue certifications for compliance with fire and accident safety measures for places of manufacture, storage, marketing, transportation and locations for handling pyrotechnic products or pyrotechnics related substances, after inspection
corresponding.
The Ministry of Justice and Public Security, through the National Civil Police, has the function
to prevent the violation of this Law; and through its Division of Arms and Explosives, it will pursue and investigate the violations committed; likewise, it will execute the control and regulatory functions established in this Law.
The Ministry of Health, through the corresponding Health Units, will issue the certification of compliance health measures to ensure the prevention of injuries, disabilities
and deaths
municipal mayors will propose to the El Salvador Fire Department, the site for the installation of temporary collective sales and the handling of products. pyrotechnics. As well, authorize
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the installation of the sales rooms of the same, prior to the technical guarantee of compliance with the security measures.
Application Scope
Art. 3. This Law applies within the national territory to all persons, natural or legal, who carry out activities referred to in this Law and their regulations, regardless of their nationality, domicile or residence.
Denominations
Art. 4. For the purposes of this Law, the following denominations shall be used:
1. Technical Commission: to refer to the Technical Commission for Evaluation and Control of
Pyrotechnic Products and Decorative Substances to Pyrotechnics;
2. Municipalities: to refer to Municipal Mayors;
3. Fire Body: to refer to the El Salvador Fire Department;
4. DAE: to refer to the Division of Arms and Explosives of the National Civil Police;
5. MARN: to refer to the Ministry of Environment and Natural Resources;
6. MDN: to refer to the Ministry of National Defense;
7. MINSAL: to refer to the Ministry of Health;
8. Migobdet: to refer to the Ministry of Government and Territorial Development;
9. MJSP: to refer to the Ministry of Justice and Public Security; and,
10. PNC: to refer to the National Civil Police.
Definitions
Art. 5.-For the purposes of this Law, the following definitions are established:
1. Explosive-like articles: any element, substance or product, which by its
properties or in combination with another element, substance or product, may cause an explosion, deflagration, propulsion or pyrotechnic effect; by action initiator, pyrotechnic, electrical, chemical or mechanical;
2. Cellar for storing pyrotechnic product: local intended to store pyrotechnic product;
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3. Cellar for storing substances related to pyrotechnics: local intended to store material and substances to be used in the manufacture of pyrotechnic products;
4. Coheteria: establishment or place where combinations or mixtures of
substances and raw materials used for the manufacture of pyrotechnic products are made;
5. Control: to verify and verify through the delegates of the Commission
Technical compliance with this Law and its regulations;
6. Delegate of the Technical Commission: suitable technical staff of each of the institutions
that make up the Technical Commission;
7. Manufacture: process of transformation of substances related to pyrotechnics and other
materials for obtaining pyrotechnic products;
8. Audit: audits of natural or legal persons engaged in activities
regulated in this Law and its regulations;
9. Import: action that gives rise to the commercial movement for the entry of goods into the national territory by the legally established places, of the pyrotechnic products
or substances related to pyrotechnics, coming from a country outside of the Central American region;
10. Export: action which gives rise to the commercial movement for the egress or exit by legally established places, of pyrotechnic products or substances relating to pyrotechnics, outside the national territory, to any country of destination;
11. Hospitalization: action that gives rise to the commercial movement for the entry of goods into the national territory by the legally established places, of the pyrotechnic products
or substances related to pyrotechnics, originating in a country of the Central American region;
12 Inspection: verification by members of the institutions that make up the
Technical Commission, together or separately, of the compliance with security measures established by this Law and other applicable requirements.
13. Pyrotechnics substance: raw material used for the manufacture of pyrotechnic products or articles similar to pyrotechnics;
14. Pyrotechnic mixture: any combination or compound having properties that are used for various pyrotechnic uses causing explosion, deflagration or lights;
15. Chemical precursor: are all chemicals used for the production, manufacture and preparation of pyrotechnic products;
16. Pyrotechnic product: any industrial manufacturing composition or device or
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craft combining elements and chemical compounds, in order to produce a combustion or Controlled detonation with light and/or sound effects, own for
fun and spreading activities;
17. Recording of data: a system or a permanently updated information base in the form of a documentary and computer system, which will enable the control of pyrotechnics; as well as the import, admission, export, production and
marketing of the pyrotechnic product;
18. Pyrotechnic product sales room: permanent place to market
pyrotechnic product to detail and wholesale;
19. Fire protection system: are those equipment that are required for
minimize fire risks and can consist of automatic sprinklers, smoke and heat detectors, fire extinguishers, manual alarms, own sources of fire water supply with their respective accessories and equipment;
20. Handling: lawful use of any pyrotechnic product or pyrotechnics substance, in approved places;
21. Pyrotechnic companies: are those engaged in the import, hospitalization, manufacture, storage, transport, marketing or export of pyrotechnic products or pyrotechnics related substances;
22. Pyrotechnics: it is the art of creating fireworks with light, sonic and fumigated effects;
23. Pyrotechnic spectacle: an event that takes place using as entertainment products made from a pyric mixture in any of its presentations, authorized by
as established in this Law;
24. Kiosks: are the authorized places for temporary sales in shopping centers;
25. Collective sales: in the case of several temporary sales, in places authorized and designated by the Municipalities; and,
26. Pyrotechnic artisan person: is the person who exercises a manual or creative activity, which has the experience and knowledge necessary to transform the substances
concerning pyrotechnics in pyrotechnic product, with the help of simple tools and simple machinery.
TITLE II
LICENSES AND PERMISSIONS
CHAPTER I LICENTS
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License
Art. 6.-Personal and non-transferable document to be extended by the MDN, to any natural person who requires it, in accordance with the activities covered by this Law, prior to the fulfilment of the requirements laid down for this purpose.
The license entitles the holder to perform the requested activity, according to the classification of this Law.
The obtaining of the license will be indispensable and of a mandatory character, for all persons who perform one or more various activities set out in this Law and its regulations.
any of the licenses mentioned in this Law, will be five years.
Classification and Definition of Licenses
Art. 7.-Licenses are classified into:
1. Licence for manufacture: entitles a natural person to produce or make a pyrotechnic mixture, the purpose of which is to obtain a pyrotechnic product, and thus empowers the
storage and transport of pyrotechnic substances and products, in compliance with the security measures set out in this Law and other related laws;
2. Marketing licence: entitles a natural person to trade in pyrotechnic products, in premises and public spaces, previously authorised to do so; furthermore, by empowering, storing and transporting such products, in compliance with
the security measures set out in this Law and other related Laws;
3. Licence for handling in pyrotechnic spectacles: entitles a natural person,
to exercise the activity of handling pyrotechnic products authorised for advertising purposes, or for amusement and recreation, in places previously authorized for this; and,
4. License for a pyrotechnic craftsman: authorizes a natural person with knowledge of the trade, to develop or make a pyric mixture, manually or
creative, in order to transform them into a pyrotechnic product.
Requirements for Licensing
Art. 8.-Any national or foreign person with permanent residence in the country, over eighteen years of age, may obtain and renew the respective license, subject to compliance with the following requirements
1
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of the applicant, whose form will be provided by that Ministry.
2. The following documentation must be attached to the application:
a) Original and photocopy of: Single Identity Document, Identification Card
Tax, and in the case of foreign person Passport and resident's Beef permanent;
b) Criminal history Solvency; and,
c) Police background Solvency.
3. Present evidence of assistance and approval of the fitness and security course
professional, who for that purpose will elaborate and execute the Fire Body, which will be appropriate to the class of license you are applying for.
Responsibility to Report the Loss, Theft, Deterioration or Theft to the Competent Authority
Art. 9.-The person who lost, stolen or stolen the license, must give notice to the PNC
which will send a copy of the complaint to the MDN, within forty-eight working hours.
In the case of the missing, stolen licenses or stolen, the interested party will have thirty
working days to process his replacement, for which he must present the respective complaint filed with the PNC.
In case of deterioration, the data subject shall inform the MDN for their respective replacement.
The non-compliance with the deadlines set out in the Law, for the renewal and replacement of licenses,
will be sanctioned as provided by the same.
CHAPTER II
Permission Permissions
Art. 10.-Document to be extended by the MDN, to any natural or legal person who requires it, in accordance with the activities covered by this Law, prior to the fulfilment of the requirements laid down for this purpose; the three-year term and must be
extended within a period of no more than ten working days, counted from the day following the filing of the required documentation.
Classification and Definitions of Permissions
Art. 11.-Permissions are classified according to their activity:
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1. Permit for manufacture: entitles a natural or legal person to elaborate or perform a pyrotechnic mixture, the purpose of which is to obtain a pyrotechnic product in place previously
authorized, including the storage of the same;
2. Permit for storage of pyrotechnics substances: empower a natural or legal person
to be able to protect the substances related to pyrotechnics in premises previously authorized for this purpose;
3. Permission to market: It empowers a natural or legal person to exercise the trade of pyrotechnic product, in premises and public spaces, previously authorized
for this, understanding the storage of it. The following categories shall be taken into account:
a) Collective sales, in the case of temporary sales;
b) Kiosks, in the case of temporary sales within the internal centres
commercial; and,
c) for sale, in the case of permanent premises.
4. Permission to manipulate in pyrotechnic spectacles: entitles a natural or legal person, to perform spectacles using pyrotechnic products, for advertising purposes, or for amusement and recreation, in previously authorized places;
5. Permit for import, export and internation of pyrotechnic products: entitles a natural or legal person to import, export or internalize pyrotechnic products,
in accordance with the provisions of this Law; and,
6. Permit for the import, export, marketing and internation of products
pyrotechnics and pyrotechnics: entitles a natural or legal person to import, export or internalize pyrotechnic products, as well as, substances related to pyrotechnics, in accordance with the provisions of this Law.
Requirements for the Obtention of Permits
Art. 12. Every Salvadoran or foreign person with permanent residence in the country, over the age of eighteen years, will be able to obtain and renew the permit to manufacture, store, import, export, internalize, market and manipulate pyrotechnic products.
The person concerned shall submit the application to the MDN by stating, as the case may be, the full name, age, address, profession or trade, nationality and current residence, the form of which
shall be provided by that person. Ministry, after meeting the following general requirements:
1. Qualification of the place by the respective Mayors to manufacture, store or market pyrotechnic product or pyrotechnics substances;
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2. Have the health certification extended by the MINSAL; and,
3. Count on the certification of compliance with safety measures, issued by the Fire Department.
In the case of the natural person, in addition to the provisions of the previous paragraph, it must also comply with the specific requirements following:
a) Being over eighteen years of age;
b) Original and photocopy of the Unique Identity Document, Card of
Tax Identification, Passport or Permanent Resident Meat or Certified photocopy by notary; and,
c) Present criminal and police background solvency.
Case of the legal person, in addition to what is established in the second paragraph of the present
article, must also comply with the following specific requirements:
a) Notary-certified photocopy, of the public deed of constitution of a company or association and modification of a social pact, if any,
duly registered and in force in the Register of Commerce;
b) Current credentials of the legal representative of the company or of the administrator
only, as the case may be, duly registered and in force in the Trade Registry;
c) Present the Enterprise Matriculation Constancy;
d) Original and photocopy of the Unique Identity Document, Card of
Tax Identification, Passport or Permanent Resident Meat or Notary-certified photocopy of the legal representative; and,
e) Present legal and criminal background solvency of the legal representative.
When dealing with the closing of the company's operations, it must inform the MDN, within
of the five-day period
The term of validity of any of the permissions mentioned in the article prior to, it will be
three years and may be renewed for equal periods prior to compliance with the law requirements and the payment of the corresponding tax rights. Once the renewal is requested, it will be possible to continue in the respective economic activity, while the MDN resolves such a requirement to the person concerned.
TITLE III SECURITY MEASURES
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CHAPTER I DISTANCES RELATING TO MANUFACTURING, STORAGE, MARKETING, AND MANIPULATION
Manufacturing Distances
Art. 13.-The manufacturing centres or the coheteria of pyrotechnic products shall be far removed from centres of human concentration, according to the type of production, and shall apply the following safety distances:
1. External or environment:
(a) In the case of the manufacture of pyrotechnic products such as: cohels, machine guns, mortars, vara rockets or the like, the amount of pyrotechnic composition per workload to be drawn up
products, be up to three pounds, must be kept a distance not less than thirty meters from the place of work;
b) When it comes to the manufacture of pyrotechnic products such as aerial lights, artifacts for public or private shows, the amount of which is pyrotechnic composition by workload with which Such products shall be drawn up, up to a maximum of fifteen pounds of mixing, at a distance not less than 30
meters, which shall be counted from the place of work;
c) When the manufacture of pyrotechnic products is concerned as articles
luminous, such as: volcanoes, mosaics, light sources, pistons, roman candelas or the like; the amount of pyrotechnic composition per workload to which such products are produced, up to a maximum of ten
pounds, must be kept a distance not less than fifteen meters, which is they shall be counted from the place of work;
d) In the case of the manufacture of pyrotechnic products such as flare lamps, such as: stults, joys, light chandeliers for cascades, posters, or the like; the quantity of which of pyrotechnic composition by load of
work with which such products are prepared, be up to fifteen pounds of pyrotechnic composition, must be kept a distance not less than ten meters, which will be counted from the place of job;
e) For the case of microenterprise when it comes to product manufacturing Explosive pyrotechnics of cohleds, machine guns, mortars, vara rockets,
with one and a half pound of pyrotechnic composition shall keep a distance not less than ten metres. These will be counted from the workplace; and,
f) For the case of microenterprise when it comes to the manufacture of pyrotechnic products of lights such as volleys, mosaics, pistolites, toritos, castles and everything concerning holiday lights and public shows up to a maximum
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of five pounds of mixture, at a distance of five meters which will be counted from from the workplace.
2. Internal at the place of manufacture:
a) The minimum distance between the cubicles where the phases are performed, which shall be established in the respective regulation, shall be four metres when they are done simultaneously;
b) The cubicle where the preparation phase of mixing and filling process is carried out, it shall be located 15 metres away from the other cubicles;
c) In the process of manufacturing pyrotechnic products, for the different phases, it shall be have individual cubicles, mixed system, two meters
wide by two meters of long, with a height of two meters, with wooden frame ceilings and sheet; and,
d) For the case of the microenterprise, the cubicle where the phase of preparation of mixtures and filling process takes place, must be four meters away of the other cubicles. Built with mixed system or adobe two meters wide by two meters long. With a height of two meters, with
light roof.
Distances as to the Pyrotechnic Product Store and Pyrotechnics-related Substances
Art. 14.-The places to store pyrotechnic products with respect to the distance shall:
a) Be located at least fifteen metres away from the manufacturing process and in a place specially designed for this purpose; and,
b) Distance from fifteen metres of human concentration centres, such as: educational centres, temples, health facilities, transport terminals, ports, parks or other recreational sites and residential areas or dwellings;
gas stations And sales of liquefied gas.
Distances as to the Marketing of Products Pyrotechnics
Art. 15.-The sales rooms, kiosks and temporary collective sales must be located with respect to educational centers, temples, health facilities, transportation terminals, ports,
gas stations and sales of liquefied gas or other that constitute risk, according to the following minimum distances:
1. Retailers, 5 meters;
2. Medium, 10 meters; and,
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3. Wholesalers, at 15 meters.
In the case of the previous literals, the regulation will establish the classification as to the quantities to be marketed.
Distances as regards the Manipulation Of Pyrotechnic Products
Art. 16.-For the handling of pyrotechnic products in pyrotechnic spectacles, the minimum distance shall be twenty-five metres between the spectators and the firing mechanisms.
CHAPTER II
SAFETY REQUIREMENTS THE MANUFACTURE, STORAGE, MARKETING AND TRANSPORTATION
Safety Measures for the Manufacture of Pyrotechnic Products
Art. 17.-In manufacturing centers or pyrotechnic products, for manufacturing processes
the following security measures must be complied with:
1. Labels shall be placed in visible places indicating "POWDER NO SMOKING", in letters not
less than twenty-five centimeters;
2. No other type of flammable material must exist in the areas intended for the
manufacturing process;
3. The raw material and pyrotechnics related substances must be stored by
separately, according to the risks each represents;.
4. Any national pyrotechnic product must contain in its presentation the name and brand
of the manufacturer, its form of use and a legend that says "YOUR USE MUST BE UNDER THE SUPERVISION OF AN ADULT AND CONSTITUTES A HEALTH RISK";
5. The surfaces of the working tables where the powder is handled, as part of the processes, must be covered with insulating material;
6. There will be static energy-releasing bars at the entrances to all areas of the factories;
7. Workers or workers must use personal protective equipment such as face masks, gloves, shoes, goggles or others, depending on the process they perform;
8. Keep containers with wet sand and water, as well as ABC extinguishers, outside the
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cubicles;
9. The floors must be of natural or cement soil, as the case may be, and be easy to clean;
10. Every factory must be free from weeds and trash eight meters round; and,
11. The lighting, preferably, must be natural and not incandescent, with their respective
preventive and corrective maintenance.
Safety Measures for the Marketing and Warehousing Of Pyrotechnic Products
Art. 18. For the placing on the market and storage of pyrotechnic products the following safety measures must be complied with:
1. Labels shall be placed in visible places indicating "POWDER NO SMOKING", in letters not less than twenty-five centimetres;
2. Keep containers with water and fire extinguishers according to the category of the local;
3. All premises must be kept in order, clean and free of weeds;
4. The lighting must not be incandescent, with its respective preventive and corrective maintenance;
5. The pyrotechnic product must be packed in resistant, suitable material and placed on wooden pallets;
6. The interior of the premises must facilitate natural or artificial ventilation;
7. Traffic corridors and entry or exit doors shall be free of obstacles;
8. The emergency door must open outward and be properly signposted;
9. Inside, the pyrotechnic products to be stored shall be placed at a minimum distance of fifteen centimetres from the walls, ceilings and luminaires; and,
10. The storage of pyrotechnic products must be carried out in compliance with the affinity and sensitivity of the products, maintaining the necessary distance between them.
The sales rooms and warehouses, in addition to the safety measures before The following are set out below:
a) Local built with mixed system;
b) System of battery operated smoke detectors, which must be
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under optimal operating conditions, with the objective of detecting a fire in its phase initial; and,
c) audible and visible alarm system with manual activation stations, with the aim of alerting people in case of an emergency.
The holds, in addition to the related safety measures, they must be permanently counted with the following:
a) Power plant switches must be located in the local
part of the premises;
b) When performing a repair that generates heat energy inside a hold, the pyrotechnic product must be moved to another appropriate local
for the duration of the same;
c) It will be kept in order, clean and free of maleness, in an area of eight meters to
the round; and,
d) Contar with fire system or equipment, according to the technical criteria of the competent authority.
Safety measures for the marketing and Storage Of Substances Relating To Pyrotechnics
Art. 19. For the placing on the market and storage of pyrotechnics substances the following safety measures must be complied with:
1. Labels shall be placed in visible places indicating "HAZARDOUS materials", which shall be visible and legible at fifty meters;
2. Maintain absorbent materials such as: sand, sawdust, among others, and fire extinguishers according to the risks of the stored substances;
3. Inside the premises, the materials to be stored shall be placed at a minimum distance of fifteen centimetres from the walls, ceilings and luminaires, on wooden pallets, in
arranged and arranged in such a way as to avoid the possibility of a reaction to spontaneous decomposition;
4. The lighting must not be incandescent and the entire electrical system must have its respective preventive and corrective maintenance. You must have an emergency lighting system;
5. Adequate ventilation system, depending on the substance;
6. Traffic corridors and entry or exit doors must be free of obstacles;
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7. The emergency door must open outward and be properly signposted;
8. The storage of these substances must be carried out in compliance with the degree of risk and compatibility of these substances, maintaining the necessary distance between them;
9. They must have a mixed system build;
10. The floor should not have any cracks;
11. Ventilation or drainage ducts, which must be protected with latticings or mesh to prevent access of animals;
12. Develop and develop a pest control program;
13. The exterior paint should be white to reflect sunlight and avoid heating of walls;
14. The local will remain closed and insured in non-working hours, with permanent surveillance;
15. Detection and alarm systems;
16. All substances shall contain in their presentation the name of the manufacturer, mark and characteristics;
17. It must have toilets and decontamination showers;
18. The company must have personal protective equipment for its employees, the use of these equipment will be mandatory in its work;
19. It must have emergency plans, evacuation and contingency plans; and,
20. A sign must be established stating that access to these facilities will be
only to persons duly authorized to do so.
Safety Measures for the Transport of Pyrotechnic Products or Substances concerning the Pyrotechnics in the National Territory
Art. 20.-To transport pyrotechnic products or pyrotechnics, which exceed four minimum wages, vehicles must comply with the following:
1. Good internal and external conditions, especially the electrical system;
2. Suitable extinguisher with respect to the pyrotechnic product or pyrotechnic substances to be transported;
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3. Safety sheet or technical information sheet, when pyrotechnic product or pyrotechnic substances are transported;
4. You must carry a diamond that indicates the class of hazardous material to which it belongs and an orange plate under the diamond with the identification number set by
the United Nations Organization, as well as the other technical specifications for the class of dangerous goods. Such signage shall be located on the side, rear and front parts.
5. It shall be carried out on completely closed or properly covered vehicles; and,
6. In the case of exports, the carrier whose vehicle has a foreign plate must present the current permit from its country of origin to carry pyrotechnic products or pyrotechnics.
The PNC's Deber of Custody
Art. 21.-For inter-nations and imports, the transport of pyrotechnic products or pyrotechnics from the approved points of entry or tax grounds to
the licensed warehouses must be made low. Custody of the PNC, depending on the level of risk that the MDN qualifies.
Those in charge of the customs warehouses or tax offices shall require the presence of the custodian or the document that except that requirement, at the time of their dispatch.
In case of export, the custody shall be considered from licensed warehouses to customs tax enclosures.
TITLE IV TECHNICAL COMMISSION FOR EVALUATION AND CONTROL OF PYROTECHNIC PRODUCTS
AND PYROTECHNICS SUBSTANCES
CHAPTER I CREATION, ATTRIBUTIONS AND RESPONSIBILITIES
Creation of the Technical Commission for Product Evaluation and Control Pyrotechnics and Substances Relating To Pyrotechnics
Art. 22.-Create the Technical Commission for the Evaluation and Control of Pyrotechnic Products and Substances Relating to the Pyrotechnics, which in this Law is called the Technical Commission, which will be integrated
by the MDN through the Logistics, MIGOBDET through the Fire Corps, the MJSP through the DAE, the MINSAL through the Environmental Health Unit, the MARN and the Municipalities through the Delegate that designates COMURES.
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Its operation will be subject to what is established by this Law, its seat and its dependency will be the Ministry of National Defense. The coordination of the same will be carried out by the Director or Director
of Logistics of that Ministry.
The and the holders of the institutions that integrate it, will be able to appoint delegates, according to their criteria,
and with the compliance with requirements set forth in this Law.
The Appointment of Delegates and Delegates
Art. 23.-The delegated persons forming part of the Technical Commission shall be appointed by means of the Executive Body Agreement in the corresponding Ramo, the first ten working days
of the month of January of each year.
delegated persons shall be replaced, the holder or the holder shall have a period of ten working days
to make the new appointment, which shall inform the Director or Director of Logistics of the MDN.
Privileges and Obligations
Art. 24.-They are tasks and obligations of the Technical Commission:
1. Hold an ordinarily every three months and extraordinarily when you call the MDN's logistics director, at the request of one of its members;
2. Develop, follow up and evaluate the Annual Work Plan of the roles assigned in this Law;
3. Issue the corresponding good for the permit extension, which must not exceed twenty business days;
4. Keep updated the list of pyrotechnic products and pyrotechnics, which can be incorporated into the ones already regulated in this Law, according to
to the different requests of the interested persons;
5. Require advice from professionals and technicians, when deemed necessary;
6. Perform scheduled and unscheduled inspections, the first ones will be performed based on the Work Plan that sets the numeral 2 of this article, and the non-
scheduled when considered relevant;
7. Collaborate with the MDN on planning, inspection, and audit when requested;
8. Recommend policies aimed at compliance with the Law and its regulations;
9. Attend meetings convened by the MDN;
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10. Forward to the MDN the reports, opinions or any other requirements it deems appropriate to the inspections carried out, within two working days; and,
11. The institutions of the Technical Commission must coordinate with each other, all concerning the application of this Law.
The responsibilities of the MDN in the Technical Commission
Art. 25.-Corresponds to the MDN, through the person delegated:
1. Coordinate and direct the action of the Technical Commission, as well as all audit and inspection activities;
2. Carry the computer records of the inspections or audits carried out, in conjunction with the institutions mentioned in Article 2 of this Law;
3. To analyse the special cases in coordination with the Technical Commission, the isolation of pyrotechnic products or pyrotechnics, which endanger the life or health of the population or which may cause damage to the environment; and,
4. Convene the members of the Technical Commission.
MINSAL responsibilities in the Technical Commission
Art. 26.-Corresponds to MINSAL:
1. Be part of the Technical Commission, through the person delegated;
2. Attend meetings through the person delegated when called; and,
3. Participate in the execution of scheduled and unscheduled inspections and audits by the Technical Commission.
MIGOBDET Responsibilities in the Technical Commission
Art. 27.-Corresponds to MIGOBDET:
1. Be part of the Technical Commission, through the person delegated;
2. Attend meetings, through the person delegated, when convened;
3. Participate in the execution of scheduled and unscheduled inspections and audits
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by the Technical Commission; and,
4. To inspect, qualify and issue technical advice to the MDN, existing and proposed premises for the manufacture, storage and placing on the market of pyrotechnic products or pyrotechnics, as well as vehicles intended for
transport them.
MJSP responsibilities in the Technical Commission
Art. 28.-Corresponds to MJSP:
1. Be part of the Technical Commission, through the person delegated;
2. Attend meetings, through the person delegated, when convened;
3. Participate in the execution of scheduled and unscheduled inspections and audits
by the Technical Commission; and,
4. Perform seizures and comisors of pyrotechnic products and pyrotechnic substances during scheduled and unscheduled inspections, when the MDN thus
determines it.
MARN responsibilities in the Technical Commission
Art. 29.-Corresponds to MARN:
1. Be part of the Technical Commission, through the person delegated;
2. Attend meetings, by means of the person delegated, when called; and,
3. Participate in the execution of scheduled and unscheduled inspections and audits
by the Technical Commission.
Responsibilities of COMURES in the Technical Commission
Art. 30.-Corresponds to COMURES:
1. Be part of the Technical Commission, through the person delegated;
2. Attend meetings, by means of the person delegated, when called; and,
3. Participate in the execution of scheduled and unscheduled inspections and audits by the Technical Commission.
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Regulatory Chemicals for the Pyrotechnic Industry
Art. 31.-Chemical substances for the use of pyrotechnics shall be regulated and controlled by the MDN, for which it shall require an authorization for each local import and purchase operation that
is performed, according to the following list:
1. Oxidants:
1.1. Potassium chlorate;
1.2. Potassium Perchlorate;
1.3. Potassium nitrate-commonly called Salitre or Nitro Salt;
1.4. Barium chlorate;
1.5. Barium nitrate;
1.6. Strontium nitrate;
1.7. Sodium nitrate; and,
1.8. Ammonium chlorate.
2. Fuels:
2.1. Aluminium powder;
2.2. Sulphur;
2.3. Sodium benzoate;
2.4. Strontium carbonate;
2.5. Sodium oxalate;
2.6. Antimony Sulfide;
2.7. Aluminians in frost;
2.8. Magnesium powder; and,
2.9. Granulated Magnesium.
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Classification and updating of the list of chemical substances regulated by this Article, it shall be reviewed by the Technical Commission every semester, which may be expanded, diminished or
modified.
They are banned chemicals for the exclusive use of pyrotechnics: red phosphorus, amorphous
powder, yellow phosphorus and white phosphorus.
TITLE V
TRAINING, PROGRAMS, INCENTIVES AND TAX RIGHTS
CHAPTER I
TRAINING, EDUCATION, AND PREVENTION
Training
Art. 32.-The MIGOBDET, through the Fire Department, will provide mandatory training to the persons involved in the development of the activities related to pyrotechnics, on the measures
of security to be taken into account, and will issue a record for all those people who have trained, which will be in effect for five years.
Prevention campaigns
Art. 33.-The MIGOBDET, in coordination with the MINED, MINSAL and the Municipalities will have to develop permanent campaigns of education and prevention oriented to the population, with the support
of the enterprises and the pyrotechnic craft sector, compliance with this Law, with special emphasis on School Centers.
CHAPTER II PROGRAMS, INCENTIVES AND TAX RIGHTS
Programs
Art. 34.-The MIGOBDET will coordinate with the other institutions involved, incentive programs for artisans and artisans who develop activities related to pyrotechnics.
Incentives for National Manufacturing
Art. 35.-The natural or legal person who imports or imports pyrotechnic products, which is not a manufacturer of pyrotechnic products, must purchase the pyrotechnic companies legally
established, at least thirty percent of the pyrotechnic product of the total of each import you make.
The MDN shall authorize the importation of pyrotechnic products referred to in the previous paragraph, having previously verified by the importing person the percentage of the purchase of a national pyrotechnic product, by means of the corresponding invoice.
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Technical Training and Assistance
Art. 36.-The State, through the National Commission for Micro and Small Enterprises and the Salvadoran Institute of Vocational Training, will develop technical assistance programs aimed at legally established pyrotechnic companies in their different activities.
Classification of Companies
Art. 37.-For the purposes of this Law, pyrotechnic undertakings are classified as follows:
1. Micro enterprise: natural or legal persons operating in the various sectors of the economy, through an economic unit with a level of annual gross sales up to 482 minimum monthly minimum wages and up to 10 workers;
2. Small business: natural or legal persons operating in the various sectors of the economy, through an economic unit with a level of gross annual sales
greater than 482 minimum monthly minimum wages and up to 4,817 minimum monthly minimum wages and with a maximum of 50 employees;
3. Median company: are the companies with a gross annual sales level up to 28,877.88 higher monthly minimum wages, with a maximum of 100 workers; and,
4. Large company: are the companies with a level of annual gross sales that exceed 28,877.88 minimum monthly minimum wages, with more than 100 workers.
Tax Rights
Art. 38.-Tax rights for all licenses and permits are subject to the activity to be performed, as follows:
1. As for licenses:
a) License for pyrotechnic products manufacturing $22.86
b) License for marketing pyrotechnic products $22.86
c) License for handling in pyrotechnic shows $22.86
d) License for pyrotechnic craftsman $22.86
2. As for the permissions set forth in this Law, it will be applied to obtain each of them:
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a) Micro enterprises $68.58
b) Small businesses $600.00
c) midsize companies $1,714.29
d) To large companies $3,428.58
TITLE VI SANCTIONING PROCEDURE
CHAPTER I PROHIBITIONS, FAULTS, SANCTIONS AND PROCEDURE
Bans
Art. 39. For the purposes of this Law, the following is prohibited:
1. Manufacture, storage, placing on the market, import, export, hospitalization and handling of pyrotechnic products known as: whistlers, mortars exceeding number five, mezcal pumps, fulminants, buscaniguas, sparks of
devil, Chinese roquet, Chinese missile, death triangle, sea mine, explosive football, destroyer, champagne button and products with similar effects to those mentioned;
2. To market pyrotechnic products, in unauthorized places or on an outpatient basis;
3. To market chemical substances for the manufacture of pyrotechnic products, which are not included in Article 31 of this Law, with natural or legal persons, who do not have their respective permission or license;
4. Manufacture, store, transport, market or manipulate, pyrotechnic products or pyrotechnics, not authorised;
5. The hiring of girls, boys, and adolescents to perform any of the different activities related to pyrotechnic products;
6. Develop any of the activities related to pyrotechnics without their respective license;
7. To conceal or deny the competent authority, the existence of pyrotechnic products or pyrotechnics, when carrying out an inspection;
8. Allow the presence of girls, boys and adolescents, as well as people who are not involved in the activity of transporting pyrotechnic products or pyrotechnics;
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9. To be owners, owners, shareholders or contractors of companies engaged in the activities related to pyrotechnics established in this Law, the functionaries or
officials of the institutions, which during the performance of their functions, are directly related to the application of the same;
10. Contract or permit in the processes of manufacture, marketing, storage, handling and transport of pyrotechnic products, personnel who do not possess the respective license;
11. To be a tenant or subtenant of premises or establishments to develop any of the activities related to pyrotechnics, when these do not comply with the
requirements stipulated in this Law;
12. That parents, or parents, allow girls, boys, or adolescents
to manipulate pyrotechnic products without the supervision of an adult person;
13. Allow girls, boys, and adolescents, as well as people outside the activity of the
pyrotechnics, to remain in the specific area in which the firing mechanisms are manipulated during the development of pyrotechnic spectacles;
14. Manufacture, store, market or transport pyrotechnic product or related substances
to pyrotechnics, without compliance with the safety measures set out in this Law.
15. To sell or to provide, under any concept, pyrotechnic product or pyrotechnics related substances to girls, boys and adolescents, as well as to persons in obvious drunken or impaired behaviour;
16. Allow girls, boys and adolescents, people who are clearly drunk or impaired in their behavior, as well as people outside the activity of pyrotechnics,
remain or work in the premises or spaces for the use of the manufacture, storage and marketing of pyrotechnic products;
17. The importation of finished pyrotechnic product already manufactured in the country; and,
18. Possess pyrotechnic product or substance relating to unauthorized pyrotechnics.
High and Penalties
Art. 40.-The faults of the provisions of this Law and its regulations, without prejudice to the civil or criminal liability to which it occurs, are classified as minor, serious and very serious.
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CATALOGUE OF FAULTS AND SANCTIONS
MINOR PENALTIES
1 Exercise any of activities related to licensed pyrotechnics.
A minimum wage of the trade and services sector in force.
2 Develop any of the activities related to pyrotechnics with the permission expired.
A Minimum wage in the trade and services sector in force.
3 Selling product pyrotechnic on an outpatient basis or in unauthorised places, by the competent authority.
A minimum wage of the trade and services sector in force.
SERIOUS PENALTIES
1 Develop any of the activities relating to pyrotechnics without their respective license.
Five minimum wages in the trade and services sector in force.
2 Allow girls, boys and adolescents to manipulate pyrotechnic products without the supervision of an adult.
Five minimum wages in the trade and services sector in place.
3 owners, owners, shareholders or contractors of undertakings engaged in the activities relating to pyrotechnics laid down in this Law; the officials or officials of the institutions, who during the performance of their duties, are They find directly related to the application of the same.
C minimum wages of the trade and services sector in force.
4 Poseer pyrotechnic product in greater quantities than those laid down in the corresponding regulation.
Five minimum wages in the trade and services sector in place.
5 Contract or allow in the processes of manufacture, marketing, storage, handling and transport of pyrotechnic products, personnel who do not own the respective license.
Five minimum wages of the trade and services sector
6 The person who owns or does not notice in the event of any incident related to the different processes of the pyrotechnics, within the first twenty-four hours, to the PNC, the Fire Department and the MDN for effects
Five minimum wages in the trade and services sector
7 The tenant or subtenant of premises or establishments to develop any of the activities related to pyrotechnics, when these do not comply with the requirements laid down in this Law.
Five minimum wages in the trade and services sector in force.
8 Not to show, where required by the competent author, the proof of purchase which details the purchase of pyrotechnic products or of the substances related to pyrotechnics.
Five minimum wages in the trade and services sector in place.
9 Refusal to show the permit or license, according to the activity performed, to the competent authorities.
Five minimum wages of the trade and services sector in force.
10 The default for each of the security measures established in the
Five minimum wages in the trade and services sector in force.
VERY SEVERE PENALTIES
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1 Any natural or legal person possessing pyrotechnic product or substance relating to the Unauthorized pyrotechnics.
Ten minimum wages in the trade and services sector in force.
2 Allow girls, boys and adolescents, as well as people outside the activity of pyrotechnics, to remain in the specific area where they are the mechanisms of shooting are manipulated during the development of spectacles pyrotechnics.
Ten minimum wages in the trade and services sector in force.
3 Allow girls, boys and adolescents, people who are clearly drunk or impaired in their behaviour, as well as people outside the activity of pyrotechnics, remain or work in the premises or spaces for the manufacture, storage and marketing of pyrotechnic products.
Ten minimum wages in the trade and services sector in force.
4 to provide, under any concept, pyrotechnic product or pyrotechnic substances to girls, boys, and adolescents, as well as people who are clearly drunk or impaired in their behavior.
Ten minimum trade and services sectors in force.
5 Allow the presence of girls, boys and adolescents, as well as people outside the activity of transporting pyrotechnic products or pyrotechnics.
Ten minimum wages in the trade and services sector in force.
6 Manufacturing, storage, marketing, import, export and hospitalization of pyrotechnic products known as: whistlers, mortars superior to those known as number five, mezcal bombs, fulminants, buscaniguas, devil sparks, Chinese roquet, Chinese missile, death triangle, sea mine, explosive football, destroyer and botellite champagne and products with similar effects to those mentioned.
Ten minimum wages in the trade and services sector in force.
7 The storage, marketing, import and export of any substance related to pyrotechnics which is regulated in Art. 31 of this Law, without the corresponding permits.
Ten minimum wages in the trade and services sector in force.
8 Prevalse from his position as an official, official, servant or public servant for personal gain or for the purpose of favoring other persons, as a member of the institutions participating in the implementation of this Law.
Ten minimum wages in the trade and services sector in force.
9 Manufacture, market, store, transport, import, export and internalize pyrotechnic products, prohibited by this Law.
Ten minimum wages in the trade and services sector in force.
10 Markup pyrotechnic product in an approved establishment, without the sales staff owning the corresponding license.
Ten minimum wages in the trade and services sector in force.
11 Keep in pyrotechnic product or pyrotechnics-related substances without complying with the safety measures set out in this Law.
Ten minimum wages in the trade and services sector in force.
12 Manufacture, storage, placing on the market or transporting pyrotechnic products or pyrotechnics, without compliance with the security measures set out in this Law.
Ten minimum wages in the trade and services sector in force.
13 Neglect, delivery, receipt, supply or transfer of substances related to pyrotechnics unauthorized natural or legal persons.
Ten minimum wages in the trade and services sector in force.
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14 Not allowing entry into the premises where it is manufactured, marketed, stored, pyrotechnic product or pyrotechnics substances, to the relevant authorities and to the members of the Technical Commission duly identified
Ten minimum wages in the trade and services sector in force.
15 Hide or denying the competent authority the existence of a pyrotechnic product or Pyrotechnics-related substances at the time of an inspection.
Ten minimum wages in the trade and services sector in force.
Start of Procedure
Art. 41.-The sanctioning procedure must be initiated on its own initiative or by complaint filed with the MDN. In addition, complaints may be filed with the PNC, the Office of the Prosecutor General of the Republic or the Municipalities, which will have to refer the case within forty-eight hours to the
interposition of the complaint to the MDN so that
When the procedure is initiated by the commit of one or more of the established faults
as VERY SERIOUS in article 40 numerals 2, 3, 4 or 5, the MDN shall send a copy of the complaint to the Juntas of Protection of the Rights of Children and Adolescents, without prejudice to the administrative procedure that there was a place. Procedure
Art. 42.-The complaint by the MDN, through the Directorate of Logistics within a period of not more than three working days, will resolve and notify on the admission or not of the same.
Admitted the complaint, will place the alleged infringer The MDN shall, within five working days, be counted from the day following that of the notification, present the evidence of discharge.
After that period, the MDN shall, within three working days, resolve the relevant.
CHAPTER II
REVIEW Resource Resource
Art. 43.-The natural or legal person who has been sanctioned may submit a review appeal to the Director of Logistics of the MDN, within a maximum of 10 working days, from the notification of the respective minutes or cuttings. Such an appeal must be filed in any of the Offices
of the Registry and Control of Arms, which must be resolved within thirty working days following the interposition of the same.
Procedure of the Board of Appeal Review
Art. 44.-The compliance with the general requirements for the admissibility of the review
has been proven, the order of initiation of the procedure shall be drawn up, and the detailed relationship of the facts that are attributed to the the alleged infringer, the lack of an object of the appeal, as well as the summons for the parties to appear, said order must be notified within three working days from the admission of the appeal. The notification must be performed on site
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signaled to hear notifications.
Elapsed time set in the The MDN shall be open for trial for eight working days; the MDN shall have a final decision within three working days.
Revocation Facility
Art. 45.-The resolution of the review appeal may allow the use of the right of appeal, which must be
within a period of not more than ten working days from the day following the notification of the respective decision. The Minister of National Defense will have to resolve this resource within ten business days.
Destruction
Art. 46.-The MDN, through the Directorate of Logistics, shall proceed to the destruction of all that pyrotechnic material that would have been seized and not removed by its owner within three months, from the date of the confiscation.
TITLE VII FINAL AND REPEAL PROVISIONS
Special Character of the Law
Art. 47.-The provisions of this Law, for their specialty, shall prevail over any other that, in general or special character, regulate the same matter.
Substitute Application
Art. 48.-As not provided for in this Law, the provisions of
the international regulations ratified by El Salvador, as well as the provisions of the relevant legislation that does not contradict it, will apply.
Art. 49.-The institutions which form part of the Technical Commission shall provide, in their budget for each fiscal year, the allocation of the financial resources necessary for the fulfilment of their powers in accordance with this Regulation. Law.
Creation of the Single Window
Art. 50.-The MDN Logistics Directorate shall establish in each of the relevant Offices a one-stop shop, where the formalities relating to the application of this Law shall be carried out.
Made of Import and Internation Generator
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Art. 51.-It shall be made operative of the Ad-valorem tax for the pyrotechnic products imported or interned into the country. This tax will be applied at the time of entry to ports or borders
of the country and paid in full according to the value of import or hospitalization policy, import form or declaration of goods.
Regulations
Art. 52.-The Executive Body shall decree the respective regulations for the application of
this Law, within a period not greater than ninety working days counted from the validity of the present Law.
Plazos
Art. 53.-All the time limits referred to in this Law shall be considered to be business, except where expressly stated otherwise.
Drogatory
Art. 54. The provisions contained in this Law shall prevail over any other than the contrarié.
TITLE VIII TRANSITIONAL PROVISIONS AND VALIDITY
Art. 55.-For all companies referring to the subject matter of this Law, duly authorized and their permits in force or in the process of renewal thereof, they are granted the period
of one hundred and eighty days to adapt them to the provisions of this Law. (EXTENSION D. L. 68/2015)
Art. 56.-Before the entry into force of the regulations referred to in Article
52 of this Law, the Special Regulations for the Control and Regulation of Similar Articles to Explosives shall continue to be applied, Chemical substances and pyrotechnic products in everything that does not contradict this Law.
Art. 57.-Persons who, upon the entry into force of this Law, are engaged in one or more activities regulated by it, shall have a period of one hundred and eighty working days to request
the corresponding license or permit. (EXTENSION D. L. 68/2015)
Vigency
Art. 58.-This Law will enter into force thirty days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twenty-five days of September of the year two thousand fourteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
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ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, LORENA GUADALUPE PEÑA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, MANUEL VICENTE MENJÍVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA LOURDES PALACIOS VÁSQUEZ, ERNESTO ANTONIO ANGULO MILLA, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the twentieth day of October of the year two thousand fourteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
Ramón Aristides Valencia Arana, David Victoriano Munguía Payes, Minister of Government and Territorial Development. Minister of National Defense.
D. O. No. 198
Took # 405 Date: October 24, 2014
SV/adar 21-11-2014
TRANSIENT DISPOSITION:
EXTEND FOR 180 BUSINESS DAYS, THE DEADLINES SET IN ARTICLES 55 AND 57: D. L. No. 68, 29 JULY 2015;
D. O. No. 149, T. 408, AUGUST 19, 2015. (VENCE ON 18/05/2016)
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SP 16-09-2015
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