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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 663
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the Constitution of the Republic establishes that the State, will promote economic and social development by increasing production, productivity and rational utilization of resources and will encourage and protect private initiative within the necessary conditions, to increase national wealth and To ensure the benefits of this to the greatest number of inhabitants of the country.
II.-That the economic and social development of the country is related to the provision of infrastructure for the provision of services of wide benefit
III.-That these growth factors demand private investment, while increasing employment opportunities, as well as the implementation of strategies to promote schemes (i) cooperation between public and private sectors, as this is reflected in the increase in the number of
IV.-That for the reasons set out above, it is necessary to create an institution of public law, which promotes and attracts private and foreign private investment, and promotes exports of goods and services produced in the country, and which aims at the evolution and monitoring of the business climate and the elaboration of proposals for improvements to investment and export policies.
THEREFORE,
in use of their constitutional powers and on the initiative of the Diputadas: Carmen Elena Calderón de Escalón, Lorena Guadalupe Peña Mendoza, Mariela Peña Pinto and Bertha Mercedes Avilés de Rodríguez, and of the Deputies: Donato Eugenio Vaquerano Rivas, José Francisco Merino López, Guillermo Antonio Gallegos Navarrete, Douglas Leonardo Mejia Avilés, Rodolfo Antonio Parker Soto, Sigifredo Ochoa Perez, Orestes Fredesman Ortez Andrade, Mario Antonio Ponce Lopez, Wilfredo Iraheta Sanabria, Jesus Grande and Martir Arnoldo Marin Villanueva, with the support of the following deputies: Luis Roberto Angulo Samayoa, Abel Cabezas Barrera, Rafael Antonio Jarquín Larios and Ciro Alexis Zepeda Menjivar.
DECRETA, the following:
CREATION LAW OF THE SAVIOR ' S EXPORT AND INVESTMENT PROMOTER
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CHAPTER I CREATION, OBJECT AND ATTRIBUTIONS
Creation
Art. 1.-Create the Promoter Agency for Exports and Investments of El Salvador, which in the text of this Law may be called PROESA, as an institution of public law, attached to the Presidency of the Republic, with legal personality and own patrimony, of indefinite duration, with administrative and budgetary autonomy, for the exercise of the privileges and duties stipulated in this Law.
Address
Art. 2.-PROESA will have its registered office in the city of San Salvador and will be empowered to establish offices anywhere in the national territory and abroad, as well as to have delegates in Embassies and Consulates of the country; prior agreement with the Foreign Ministry.
Object
Art. 3.-PROESA will aim to promote and attract private and domestic private investment, promote exports of goods and services produced in the country, the evaluation and monitoring of the business climate and the elaboration of proposals for improvement to investment and export policies.
Attributions
Art. 4.-They are the privileges of PROESA:
a) Promote private investments, exports and public associations, through the identification of opportunities, generation of strategic information of markets, dissemination for the use of international treaties, and business climate monitoring;
b) Designing and promoting the image of the country as a destination for investment;
c) Developing activities to disseminate and promote the products and services that make up the exportable offer and arrange the visit to potential customers and commercial missions with Salvadoran entrepreneurs, facilitating business contacts;
d) Develop strategies that allow targeted identification of strategic sectors and markets;
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e) Support and promote the competitiveness of companies and the diversification of products and markets, through information, advisory, training and technical assistance services;
f) Providing technical assistance and support to investors through services and activities to facilitate the start of operations of a company, the continuous development of foreign investment in the country and the procedures that necessary to any public or private entity;
g) Identify obstacles affecting private investment and exports, coordinate with government entities and investors, the necessary measures to solve them;
h) Identify, advise and encourage private public associations between public institutions, investors, financiers and citizens;
i) Generate modalities of cooperation and conclude collaboration agreements with entities of the public and private sector, national or foreign, in the field of their competence;
j) Promote domestic and foreign investment in human capital and technological innovation, to increase workforce productivity and competitiveness;
k) Research and identify foreign markets to market Salvadoran products and services;
l) Develop a portfolio of projects oriented to the promotion of private public associations and private investment;
m) Monitor periodically the performance ratings or "rankings" of the country in international organizations, to improve our competitiveness country; and,
n) The others that other Laws assign to you.
CHAPTER II ORGANIZATION AND OPERATION
Board of Directors
Art. 5.-The maximum authority of PROESA will be the Board of Directors, which will be integrated as follows:
a) A designated full-time owner, who will be the President of PROESA, and his/her respective alternate, appointed by the President of the Republic, for a period of 5 years;
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b) The Technical Secretary of the Presidency;
c) The Minister of Finance;
d) Minister of Economy;
e) The Minister of Public Works, Transport, Housing and Urban Development;
f) Two owners ' representatives and their respective alternates, appointed by the President of the Republic, of a list of candidates proposed by the guild entities of the private enterprise with legal personality, related to the subject of investments and exports; and,
g) A representative owner and his/her alternate academic sector, proposed by the universities accredited by the Ministry of Education, appointed by the President of the Republic.
In case of absence, the Technical Secretary of the Presidency, may be replaced by the Technical Assistant Secretary of the Presidency and the Ministers by their respective Vice-Ministers or by the Deputy Minister who will appoint, if more than one exists, and in the case of managers referred to in (a), (f) and (g) shall be replaced by their respective alternates.
The Directives referred to in literals (b), (c), (d) and (e) shall last in their functions for the period for which they have been appointed as officials.
The Directives referred to in the (f) and (g) shall be appointed for a period of five years, who must be of recognised probity and of notorious competence, with five years ' experience in matters relating to the object of PROESA. The procedure for convening, choosing and appointing the Directors referred to in this paragraph shall be governed by the Rules of Procedure of this Law.
The Directors, prior to assuming their position, shall give a sworn statement in respect of the there is no conflict of interest for the exercise of the same, obliging to exercise it independently with respect to the entities that have proposed them, in the same way, with respect to the fulfilment of the requirements that the law establishes for the position not present in his/her person any of the inskill for the appointment and exercise of the same.
Without prejudice to the provisions of the Law on Access to Public Information, the Directives shall keep strict confidentiality on the matters dealt with and documents which, due to their quality as a member of the Board of Directors be delivered; they shall not use or take advantage of such information for personal purposes, in favour of third parties or to the detriment of the functions and decisions of PROESA or the State, in which case they shall be liable for damages caused, without prejudice to the appropriate legal or administrative actions.
Council members, upon assuming and at the end of their duties, shall comply with the provisions of the Law on the Illicit Enrichment Of Civil Servants and Employees.
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The Board of Directors, may be assisted by appropriate persons on the issues that require it and invite to participate in the sessions, officials of public institutions and representatives of the private sector, requesting them opinions and recommendations according to the fulfilment of the objectives of PROESA.
Attributions
Art. 6.-They are the responsibility of the Board of Directors:
a) Approve strategies for the promotion of investments and exports, in accordance with the policies of the Government;
b) Approve and modify the work plans and the financial programming of PROESA;
(c) Approve the preliminary draft budget for each fiscal year, of administration and operation of PROESA and wage regime, and submit it to the Presidency of the Republic, for approval;
d) Approve the structure PROESA organisational structure for its operation and the position description manual, considering the suitability for the exercise of the functions;
e) Creating the advisory committees for private public associations;
f) Authorizing the procurement of the external audit;
g) Approving the portfolio of projects of associations private public, their bidding bases and their contract projects;
h) Identify strategic sectors, taking into account economic trends and the national goal of job generation;
i) Authorizing the President of the Board of Directors to begin preliminary negotiations of donations, according to the standard legal, to comply with the purposes of PROESA;
j) Approve the amount of payments for the concepts provided in this Law;
k) Approve the PROESA Internal Work Regulations;
l) Evaluate the results obtained and reorient strategies, where necessary;
m) To celebrate acts, conventions and contracts with natural or legal persons, as well as with public or private entities, national or foreign; and,
n) the fulfilment of the purposes of PROESA, in the framework of this Law.
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Sessions and Majority to Resolve
Art. 7.-The Board of Directors of PROESA, upon convocation of its President, shall meet at least once a month.
To hold a meeting, the presence of the President or who does his or her times, and that of at least five members, shall be necessary. owners or their respective alternates, when they do the owners.
The resolutions or agreements of the Board of Directors of PROESA, shall be taken at least with four favorable votes of the members present. In the event of a tie, the President shall have a vote of quality. When they do not replace an incumbent member, alternate members of the Board of Directors, they will be able to attend their sessions with voice, but without a vote.
Excuses for Conflict of Interest
Art. 8.-The members of the Board of Directors and their respective alternates shall be excused from knowing in matters where they may have a conflict of interest.
There shall be an understanding of conflict, when any Directing has personal interest in Any matter to be discussed or resolved, or has its spouse, relatives within the fourth degree of consanguinity or second degree of affinity, its partners or co-directors in any kind of company or company, its leaders are intervening in the case, and when members of the Board of Directors, their spouse and relatives have the ability to influence, by ownership or administration, in companies in which they participate.
The excuse shall be recorded in the minutes of the respective session with a reasoned, duly accredited and written statement of cause,
members of the Council who are aware of any conflict of interest, of any of the other members, shall express it in order to consider whether or not to withdraw the member of the session.
From PROESA President
Art. 9.-The President shall comply with the following requirements:
a) Having a university degree in finance, economics, law, business administration or other professions, related to the object of PROESA;
b) Being of recognized probity, and
c) Having five years or more years of experience in the performance of functions linked to the object of the Law;,
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d) Not having kinship within the fourth degree of consanguinity or second degree of affinity with some Member of the Board of Directors of PROESA.
PROESA President's attributions
Art. 10.-Corresponds to the President:
a) Exercise the legal, judicial and extra-judicial representation of PROESA;
b) Implement and implement strategies for the promotion of investments, private public associations, and exports; strategies to internationalize the country;
c) Coordinate the advisory committees for private public associations, which will provide technical support in the study of each of the projects that, under the Special Law of Public Associations Private, subject to the maximum authority of PROESA;
d) Convening the Board of Directors and chair;
e) Prepare the agenda for the sessions;
f) Run the agreements and resolutions of the Board of Directors;
g) Delegate to one of the PROESA officials their faculties, in case of absence;
h) Run and evaluate PROESA's work plans and programs and financial programming;
i) Initiate with the authorization of the Board of Directors, preliminary negotiations of donations, adhering to the legal standard, in order to comply with the purposes of PROESA;
j) Get and manage resources of national or foreign origin, which are necessary to bring to Project plans, programs and projects of PROESA and present a report of the collection, administration and execution of these funds, on a quarterly basis to the Board of Directors;
k) Present the Annual Report of Labors to the Board of Directors for its approval;
l) Develop the position description manual considering the suitability for the exercise of the functions;
m) Hire the staff, as well as assign functions and competencies, for which they will require, that they comply with the necessary technical profile, to comply with the functions of PROESA;
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n) Authorize and execute the rules of operation, administration, finances, and relationships Institutional;
o) Semestrally render management and results reports; and,
p) All other tasks assigned to them by the Board of Directors, and any other activities that allow greater efficiency and effectiveness in the performance and in the achievement of the objectives of PROESA.
The President, may delegate to an official of PROESA, the administrative privileges enunciated in the literals e), f), l) and m), defining guidelines for his performance and the way in which he will give him reports. The administrative acts dictated by delegation, will expressly manifest this circumstance and will be considered dictated by the delegator.
Remotion
Art. 11. The Directors may be separated from their position only by decision taken by the authority which appointed them and with expression of cause. The following are caused by removal:
a) Stop meeting the requirements of your appointment;
b) Incur any of the prohibitions set forth in this Act;
c) Incur serious and manifest legal defaults in the exercise of their duties or act in a diligent manner in the exercise thereof;
d) Haber has been convicted of any crime;
e) Observe immoral conduct in the exercise of his office; and,
f) Exercise influences
Inskill Causals
Art. 12.-They are unfit for the position of a member of the Council:
a) Those who are legally incapable;
b) The officials referred to in Article 236 of the Constitution, except for the case of Ministers and Deputy Ministers of State, who in accordance with Article 5 of this Law they must be a part of the Board of Directors;
c) The spouse or relatives within the fourth degree of consanguinity or second degree of affinity of the President or Vice President of the Republic or of the members of the Council of Ministers;
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d) The spouse or relatives within the fourth degree of consanguinity or second degree of affinity of the members of the Board of Directors and the members of the Board of Directors in any type of company;
e) Those who are in a state of bankruptcy, suspension of payments or competition from creditors or those who have been judicially qualified as responsible for a wrongful or wrongful bankruptcy;
f) Those who have been convicted in executed judgment or in other similar resolutions, for any offense, whether at home or abroad; and,
g) Those who are in the state of insolvency with the Fisco.
Inskill Declaratory
Art. 13.-When any of the causes of inability mentioned in the previous article exist or exceed, the management of any of the members of the Council shall lapse and its replacement shall be carried out in accordance with the provisions of this Law. However, acts authorised prior to the inability to be declared shall not be invalidated with respect to PROESA or to third parties.
CHAPTER III OF THE ADVISORY COMMITTEES OF PRIVATE PUBLIC ASSOCIATIONS
Conformation
Art. 14.-The Board of Directors of PROESA shall constitute advisory committees for each project of Private Public Associations which, in accordance with the Special Law of Private Public Associations, is presented to the Board of Directors of PROESA.
The advisory committees of private public associations, will be integrated by national or foreign professionals resident in the country, with a recognized specialty and experience in the areas on which they will deal with the projects and the number of its members will be determined by the Board of Directors. The Regulation of this Law shall lay down the requirements to be met by the members of the advisory committees.
The functions of the members of the advisory committees of private public associations shall be as good as and compatible with the liberal exercise of their respective professions, provided that such performance does not lead to the conflicts of interest provided for in this Law.
Functions
Art. 15.-The advisory committees of private public associations, will be coordinated by the President of the Board of Directors of PROESA and will have the function of contributing to the technical analysis of each project
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which, under the Special Law of Private Public Associations, were submitted to the Council Director of PROESA.
For such purposes, the advisory committees of private public associations should:
a) Accompanying the work sessions of the PROESA Steering Board on subjects of private public associations; and,
b) Issue opinion on any aspect which, according to the specialties of its members, contributes to the optimal and transparent operation of a private public partnership project, for which analysis has been designated.
The advisory committees of private public associations, meet the accompanying invitations received by the Board of Directors of PROESA, in accordance with the literal (a) of this article, and with the periodicity required by the diligent and timely fulfillment of its functions established in this provision.
Cesation in its Functions
Art. 16.-The functions of each advisory committee of private public associations, shall cease once the respective private public association contract has been signed, or in case the respective institution of the State, desist from contracting in the terms provided for in the Special Law of Private Public Associations.
The members of each advisory committee of private public associations shall cease in their individual functions by resignation, permanent incapacity so declared by medical advice, or for serious failure to fulfil its responsibilities. The latter will be determined by the PROESA Board of Directors, after hearing the respective member.
CHAPTER IV OF THE HERITAGE AND FINANCIAL REGIME
Institution Resources
Art. 17.-The assets of PROESA shall consist of:
a) The resources entrusted to it by the State in its commencement;
b) The allocations to be determined in its budget;
c) Extraordinary amounts that for any concept grants the State;
d) The movable and immovable property, securities or rights that it acquires to any title, at the beginning of its duties or during the exercise of its activities;
e) Revenue from the exercise of its activities in accordance with the provisions of this Law;
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f) Revenue from the collection of commissions to the State's contracting institutions, which will be equivalent to one percent of the total value of each private public partnership contract awarded;
g) Goods and resources transferred by natural or legal persons or foreign nationals, for the purposes of your purposes; and,
h) All income that you can legally obtain.
External Audits
Art. 18.-Without prejudice to the existing legal mechanisms of taxation, PROESA shall contract annually independent external audits, or those which may become necessary within that period in accordance with the requirements laid down in the conventions. execution special.
Fiscalization
Art. 19.-PROESA will be subject to the audit of the Court of Auditors of the Republic.
CHAPTER V GENERAL PROVISIONS
Information Reserve
Art. 20.-Without prejudice to the civil and criminal liability to which there is a place, officials, employees who work and have worked for PROESA, as well as any particular person, who, for various circumstances, have had or have information, can be disclosed to the detriment of the institution.
CHAPTER VI SUCCESSION
Succession
Art. 21.-PROESA succeeds in all its rights and obligations to the Agency for the Promotion of Exports and Investments of El Salvador, created by Executive Decree No. 59 dated May 16, 2011, published in Official Journal No. 90, Volume No. 391, of May 17 of the same year.
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CHAPTER VII FINAL PROVISIONS
Regulation
Art. 22.-The President of the Republic shall issue the Regulations necessary for the implementation of this Law.
Vigency
Art. 23.-This Law will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, on the nine days of the month of April of the year two thousand fourteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDES SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA DURAN, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
LORENA GUADALUPE PEÑA MENDOZA, 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.
NOTE:
In compliance with the provisions of Art. 97, third indent, of the Rules of Procedure of this Government Body, it is stated that this Decree was returned to this Legislative Assembly with
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observations in Article 5 (4), and in Article 12 (b), which were accepted and approved at the Plenary Session on Thursday 8 May of this year.
IRMA LOURDES PALACIOS VÁSQUEZ, FIFTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the twenty-two days of May of the year two thousand fourteen.
PUBESQUIESE,
Carlos Mauricio Funes Cartagena, President of the Republic.
José Armando Flores Alemán, Minister of Economy.
D. O. No. 93 Took Nº 403 Date: May 23, 2014
JQ/pch 30-06-2014
RELATED DISPOSITION:
D.L. No. 379, MAY 23, 2013, D.O. No. 102, T. 399, JUNE 5, 2013
JQ/pch 16/07/14
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