Law Of The Promoter Of Exports And Investments Of El Salvador (Proesa) Body.

Original Language Title: LEY DE CREACIÓN DEL ORGANISMO PROMOTOR DE EXPORTACIONES E INVERSIONES DE EL SALVADOR (PROESA).

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-de-creacion-del-organismo-promotor-de-exportaciones-e-inversiones-de-el-salvador-proesa/archivo_documento_legislativo



1. Decree No. 663 the Legislative Assembly of the Republic of EL SALVADOR, whereas: I.-that the Constitution of the Republic establishes that the State, will promote economic and social development by increasing production, productivity and the rational use of resources and will encourage and protect private initiative within the conditions necessary, 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 broad benefit population and the generation of more and better jobs.
III.-that these growth factors, require private investment, so it increases job opportunities, as well as the implementation of strategies of development of schemes of cooperation between public and private sectors, as it translates to the multiplication of efforts to satisfy collective needs.
IV.-that for the above reasons, it is necessary to create an institution of public law, promote and attract the private domestic and foreign investment, which promotes exports of goods and services produced in the country, and have aimed the evolution and monitoring the business climate and the elaboration of proposals for improvements to the investment and export policies.
Therefore, use of his constitutional powers and at the initiative of the members: Carmen Elena Calderón de Escalón, Lorena Guadalupe Pena Mendoza, Mariela Pena Pinto and Bertha Mercedes Avilés de Rodríguez, and MEPs: Eugenio Donato Vaquerano Rivas, José Francisco Merino López, Guillermo Antonio Gallegos Navarrete, Douglas Leonardo Mejia Aviles, Rodolfo Antonio Parker Soto, Sigifredo Ochoa Pérez, Orestes Fredesman Ortéz Andrade , Mario Antonio Ponce López, Wilfredo Iraheta Sanabria, big Jesus and martyr Arnoldo Marin Villanueva, with the support of the following members: Luis Roberto Angulo Samayoa, Abel heads barrier, Rafael Antonio Jarquín Larios and Ciro Alexis Zepeda Menjívar.
DECREES, as follows: law of creation of the ORGANISM promoter of exports and investments of EL SALVADOR 2 Chapter I creation, object and functions creation article 1.-create the Organization promoter of exports and investments of El Salvador, 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 budgetary, and administrative autonomy for the exercise of the powers and duties stipulated in this law.
Article 2.-PROESA home will have his home in the city of San Salvador and is empowered to establish offices in any place of the national territory and abroad, as well as having delegates in embassies and consulates of the country; prior agreement with the Ministry of Foreign Affairs.
Article 3.-PROESA object shall serve to promote and attract foreign and national private investment, promoting exports of goods and services produced in the country, the evaluation and monitoring of the business climate and the elaboration of proposals for improving the policies of investment and export.
Article 4.-are powers powers of PROESA: to) promote investments, exports and public public private, through the identification of opportunities, generation of strategic market information, broadcasting for the exploitation of international treaties, and monitoring the business climate;
(b) designing and promoting the image of the country as a destination for investment;
(c) develop activities of dissemination and promotion of the products and services that make up the export supply and organize the visit to potential customers and trade missions with Salvadoran businessmen, facilitating business contacts;
(d) develop strategies that allow the focused identification of sectors and strategic markets;

3 e) support and promote the competitiveness of enterprises and the diversification of products and markets, through information, advice, training and technical assistance services;
(f) providing technical assistance and support to investors through services and activities dir igidas to facilitate the start-up of a company, the continuous development of foreign investment in the country and the steps that are necessary before any entity, public or private;
(g) identify obstacles affecting private investment and exports, coordinate with government entities and investors, steps to solve them;
(h) identify, advise and promote the public public private between public institutions, investors, financiers and citizens;
(i) generate cooperation modalities and agreements of collaboration with entities of the sector public and private, national or foreign, in the field of its competence;
(j) promote national and foreign in technological innovation, and human capital investments to increase the productivity of the workforce and competitiveness;
(k) to investigate and identify foreign markets to commercialize products and services Salvadoran;
(l) develop a portfolio of projects aimed at the promotion of the public public private and private investment;
(m) periodically monitor ratings of performance or "rankings" of the country in international agencies, to improve our competitiveness country; and, n) other other laws assigned.
Chapter II Organization and operation Council directive Article 5.-the maximum PROESA authority will be the Board of Directors, which will be integrated in the following way: to) a designated full time owner, who will be the President of PROESA, and respective alternate, appointed by the President of the Republic, for a period of 5 years;

4 (b)) the Secretary technical of the Presidency;
(c) the Minister of finance;
(d) the 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 private company with legal personality Union entities, related to the theme of investment and exports; and, g) an owner representative and their respective alternate for the academic sector, proposed by universities accredited by the Ministry of education, appointed by the President of the Republic.
En_caso_de absence, the Technical Secretary of the Presidency, will be replaced by the Technical Secretary of the Presidency and the Ministers by their respective Deputy Ministers or Deputy Minister that designaren, if it exists more of one, and in the case of managers to literals refer to), f) and g) shall be replaced by their respective substitutes.
The executives referred to the literal b), c), d) and e) will last for the period for which they are appointed as officials in their duties.
The executives referred to the literal f) and g) will be appointed for a period of five years, who must be of recognized probity and notorious competition, with five years of experience in matters related to the subject of PROESA. The procedure of Convocation, election and appointment of the directors referred to in the present paragraph, will be regulated in the regulations under this law.
Managers, prior to taking office, surrender affidavit with respect to the non-existence of conflict of interest for the exercise of it, forcing it is exercised with independence from institutions that proposed them, in the same way, with respect to compliance with the requirements established by law for the position and not go in your causal person any inability for the appointment and exercise of the same.
Without prejudice to the provisions of the law on access to public information, managers must keep strict confidentiality on treated topics and documents who, owing to a member of the Board of Directors, are given; They must not use or exploit 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 shall incur liability for damages and damages caused, without prejudice to the legal or administrative actions that correspond.
The members of the Council, taking on and at the end of his post, must comply with provisions of the law on the illicit enrichment of public employees and officials.

5. the Board of Directors, may attend suitable people on issues that need it and invite to participate in the sessions, officials of public institutions and private sector representatives, asking for opinions and recommendations on the basis of the fulfilment of the objectives of PROESA.
Article 6.-are powers powers of the Board of Directors: to) adopt strategies of promotion of investments and exports, according to the Government's policies;
(b) approve and modify the work plans and the financial programming of PROESA;
(c) approve the preliminary draft budget for each fiscal year, management and operation of PROESA and salary regime, and consideration of the Presidency of the Republic for approval;

(d) approve PROESA organizational structure for its functioning and the job description manual, whereas the suitability for the performance of duties;
(e) create advisory committees for public private partners;
f) authorizing the hiring of external audit;
(g) approve the portfolio of projects public-private partners, its bidding rules and contract projects;
(h) identify strategic sectors, taking into account economic trends and the national goal of job creation;
(i) authorize the President of the Board of Directors to start preliminary negotiations of donations, according to the legal standard, to comply with the purposes of PROESA;
j) approve the amount of the payments under the conditions provided for in this Act;
(k) approve the PROESA internal working regulation;
(l) evaluate the results obtained and reorient strategies, when necessary;
(m) hold acts, agreements and contracts with natural or legal persons, as well as entities, public or private, national or foreign; and, n) others that are necessary for the fulfilment of the purposes of PROESA, within the framework of this law.

6 sessions and most to resolve article 7.-the Board of Directors of PROESA, upon call by its Chairman, will meet at least once a month.
For session, the presence of the President will require or whoever does their times, and of at least five members owners or their respective substitutes, when do the times of owners.
Resolutions or agreements of the Board of Directors of PROESA, must be taken at least with four favorable votes of the members present. In case of tie, the President shall have a quality vote. When they do not substitute a member owner, alternate members of the Board of Directors, be able to attend its sessions with voice, but without vote.
Excuses for conflict of interest article 8.-the members of the Board of Directors and their respective alternates, shall excuse in those matters which may have conflict of interest.
Means that there is a conflict, when some directors have a personal interest in any matter that should be discussed or resolved, or you have your spouse, relatives within the fourth degree of consanguinity or second of affinity, its partners or co-directors in any society or company, its leaders are involved in the case, and when the members of the Board of Directors , his spouse and relatives have ability to influence, by shareholder property or administration, in societies in which they participate.
The excuse shall be recorded in the minutes of the respective session with motivated expression of cause, duly accredited and in writing, to the Council.
Members of Council who are aware of a conflict of interest, of any of the other members, should say so so that it is deliberating whether or not the removal of the Member of the session.
(The President of PROESA art. 9.-the President shall comply with the following requirements: to) have a college degree in finance, economics, law, management firms or other professions, related to the subject of PROESA;
b) be of recognized probity and notorious competence in the matters related to their responsibilities;
(c) have five years or more of experience in the performance of functions related to law; and, 7 d) not be related within the fourth degree of consanguinity or second of affinity with any member of the Board of Directors of PROESA.
Powers of the President of PROESA art. 10.-corresponds to the President: to) exercise the legal, judicial and extrajudicial representation of PROESA;
(b) implement and execute investment, public private partners and export promotion strategies and promote strategies for internationalizing the country;
(c) coordinate the Advisory Committees for public private partners, who will provide technical support in the study of each of the projects which, in the framework of the special public public private act, be subject to the authority of PROESA;
(d) the Board of Directors convene and preside over it;
(e) prepare the agenda of the session;
f) execute the agreements and resolutions of the Board of Directors;
(g) delegate to one of the officials of PROESA faculties, in case of absence;
(h) implementation and evaluation of plans and programmes of work and financial programming of PROESA;
(i) start with the authorization of the Board of Directors, preliminary negotiations of donation, according to the legal standard, to comply with the purposes of PROESA;
j) obtain and manage national and foreign resources, which are needed to carry out the plans, programs and projects of PROESA and submit a report of recruitment, administration and execution of these funds, in a quarterly basis to the Board of Directors;
(k) submit annual work report to the Board of Directors for approval;
(l) develop job description manual, whereas the suitability for the performance of duties;
(m) recruit staff, as well as assign duties and powers, which should require, that they comply with the necessary to comply with the functions of PROESA; technical profile

8 n) authorize and run the rules of operation, administration, finance and institutional relations;
(o) pay half yearly reports of management and results; and, p) all the others that are assigned by the Board of Directors, and any other activity that can achieve greater efficiency and effectiveness in the performance and the achievement of the objectives of PROESA.
The President may delegate to an officer of PROESA, administrative powers set forth in the literal e), f), l) and m), defining guidelines for his performance and the way in which shall render reports. The administrative acts by delegation, manifest expressly this circumstance and are considered to be dictated by the principle.
Removing article 11.-the directors, may only be removed from office, by decision taken by the authority which appointed them, with expression of cause. Are grounds of removal as follows: to) while meeting the requirements of his appointment;
b) incurring any of the prohibitions laid down in this law;
(c) incurring serious and manifest legal defaults in the performance of their duties or not act diligently in the exercise thereof;
(d) having been convicted of any crime;
(e) observe immoral conduct in the exercise of his office; and, f) exercising undue influences prevailing cargo.
Grounds of disability art. 12.-are non-working for the office of Member of the Board: to) those who are legally incapable;
(b) the officers referred to in article 236 of the Constitution, except in the case of Ministers and Deputy Ministers of State, who according to article 5 of this law should be part of the Board of Directors;
(c) the spouse or relatives within the fourth degree of consanguinity or second of affinity of the President or Vice-President of the Republic and the members of the Council of Ministers;

9 d) the spouse or relatives within the fourth degree of consanguinity or second of affinity of some of the members of the Board of Directors and partners of these in any kind of societies;
e) which are in State of bankruptcy, receivership or insolvency proceedings or who have been legally qualified as responsible for negligent or fraudulent bankruptcy;
(f) those who convicted in enforceable judgement or decisions of similar effect, for any crime, whether in the country or abroad; and, g) that are in a State of insolvency with the IRS.
Declaration of inability to Art. 13.-when there is or rendered any of the disability grounds mentioned in the preceding article, shall expire the management of any of the members of the Council and will proceed to their replacement in accordance with the provisions of this law. However, the acts authorized prior to disability is declared, not void regarding PROESA or with third parties.
Chapter III of the committees Advisory of partners public private conformation article 14.-the Board of PROESA shall constitute advisory committees for each project of public private partners who, in accordance with the special law of public public private, is presented to the Board of Directors of PROESA.
Private public public advisory committees, will be composed of national professionals or foreigners living in the country, recognized specialty and experience in the areas over which versaren referred projects and the number of its members shall be determined by the Board of Directors. The regulation of this law, shall establish the requirements to be met by the members of the Advisory Committees.
The functions of the members of the Advisory Committees of public private partners will be honorary and compatible with the liberal exercise of their respective professions, provided that, such performance not carried them to incur conflicts of interest provided for in this Act.
Article 15.-the functions private public public advisory committees, will be coordinated by the Chairman of the Board of Directors of PROESA and have the function to contribute to the technical project analysis 10 which, in accordance with the special law of public public private, shall be submitted to the Board of Directors of PROESA.

For these purposes, the Advisory Committees of public private partners must: to) join the working sessions of the Board of Directors of PROESA in private public public issues; and, b) opinion on any aspect which, according to the specialties of its members, will contribute to optimal and transparent operation of a private public partnership project, for which analysis has been designated.
Private public public advisory committees, will meet serving accompanying invitations received by the Board of Directors of PROESA, according to the literal to) of this article, and with the frequency that requires diligent and timely compliance with their functions set out in this provision.
Cessation in article 16.-the duties functions of each public Advisory Committee public private, will cease once was signed the respective contract of private public partnership, or in case that the respective State institution, waive contract under the terms provided in the special public public private act.
The members of each public Advisory Committee public private, will cease in their individual functions by resignation, permanent disability, thus declared by medical opinion, or for serious breach of their responsibilities. The latter shall be determined by the Board of Directors of PROESA, after hearing of the respective Member.
Chapter IV of the heritage and regime financial resources of the institution article 17.-the heritage of PROESA will be constituted by: to) resources which the State confers on its home;
(b) allocations determined him in his budget;
(c) extraordinary contributions that for any reason, grant you the State;
(d) the movable and immovable property, securities or rights it acquires any title, at the beginning of their duties or in the exercise of their activities;
(e) revenue from the exercise of their activities in accordance with the provisions of the present law;

(11 f) revenues from the payment of commissions to the Contracting State institutions, which will be equivalent to one per cent on the total value of each contract of private public partnership that is awarded;
(g) goods and resources brought by natural or legal persons, national or foreign, for the fulfilment of its purposes; and, h) all income that may be legally obtained.
Audits external article 18.-without prejudice to the existing legal mechanisms for control, PROESA will hire independent external audits annually, or that within this period become necessary in accordance with the requirements laid down in the special agreements of execution.
Control article 19.-PROESA shall be subject to the control of the Court of accounts of the Republic.
Chapter V provisions general reservation of information article 20.-without prejudice to the civil and criminal liability to any place, officials, employees who work and have worked for PROESA, as well as any particular person, who for various reasons have had or have information, not be able to disclose it at the expense of the institution.
Chapter VI succession succession article 21.-PROESA happens in all its rights and obligations to the Agency for promotion of exports and investments of El Salvador, created by the Decree Executive No. 59 dated May 16, 2011, published in the Official Journal No. 90, vol. No. 391, of 17 May of that same year.

12 Chapter VII provisions late regulation article 22.-the President of the Republic shall issue regulations that are necessary for the implementation of this law.
Article 23.-the entry into force this law shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, to 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, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
LORRAINE GUADALUPE PENA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, ERNESTO ANTONIO ANGLE MILE, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
Note: In compliance with the provisions of article 97, paragraph third, regulation inside of this organ of the Government, it is noted that this Decree was returned to the legislature with 13 observations in fourth of article 5, paragraph, and in the literal b) of article 12, which were accepted and approved in the plenary session on Thursday, may 8 of this year.
IRMA LOURDES PALACES VASQUEZ, FIFTH SECRETARY.
Presidential House: San Salvador, to the twenty-second day of may of the year two thousand fourteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
German Jose Armando Flores, Minister of economy.
D. OR. No. 93 volume no. 403 date: May 23, 2014 JQ/pch 30-06-2014 provision related: D.L. No. 379, 23 May 2013, D.O. No. 102, T. 399, 5 June 2013 JQ/HCP 16/07/14 index legislative