1 index Legislative Decree Nº 56 LA Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that in accordance with the provisions of article 1 of the Constitution, the State is organized for the attainment of Justice, legal certainty, for the common good; so it is your duty to reassure the inhabitants of the Republic enjoy liberty, health, culture, economic well-being and social justice; in turn, article 246 of the Constitution establishes that the public interest has primacy over private interests.
II.-that reason concur in fact circumstances hindering normal compliance of work within the responsibilities that you attend the Ministry of Finance within all of its dependencies, including the functions of the customs service; It is necessary to issue a special and transitional regulation that guarantees maintaining the normal operation of the work hacendarías in all of its dependencies.
III.-that the Directorate General of customs, within the powers that give the provisions of articles 3 and 8 letter d); 16 letter d) and 26 of the organic law of the General Directorate of customs; 8, 9, 60 and 76 of the Central American Uniform Customs Code and 14, 233, 317 and 334 of regulation to the Central American Uniform Customs Code, has issued the administrative arrangements that have allowed to partially perform the clearance of the goods.
IV.-that article 133 of the Central American Uniform Customs Code establishes that in matters not provided for in the Convention and its regulations, it will be provisions in national legislation; so, in order to contribute to the effort that the Directorate General of customs, and in order to ensure the legal security of the operations carried out during the process of contingency, becomes necessary to issue a legal framework that allows, under the present extraordinary events, rehabilitate international trade.
Therefore, in use of his constitutional powers and at the initiative of the President of the Republic, by the Minister of finance, DECREED the following: special and transitional regime in the operations of trade outside, during the period of thirty days.
2 legislative index article 1.-the purpose of this Decree is to empower the Directorate General of customs to issue contingent plans in which you must have minimum controls, according to the operation or customs procedure in question in order to guarantee and maintain the flow of international trade operations confining it to the verification of the presentation of proof of compliance with tax obligations, where appropriate.
Article 2.-the declarant and the auxiliaries of the function public customs involved in customs operations shall be responsible for obligations previously of transmission, payment and other tariff and non-tariff obligations.
Article 3.-for the purposes of this Decree, the customs service can aid with the rest of public institutions exercising control over the entry or exit of persons, goods and means of transport from the customs territory, especially the National Civil Police and the armed forces, who may be appointed by agreement issued by the Directorate General of customs.
Article 4.-suspending the terms and deadlines that were running on different administrative procedures and storages which according to their competence corresponds to meet the different directions of the Ministry of finance and managed by the Commission Executive autonomous port (strain), for the period covered by this Decree.
The implementation of article 7 of the Special Act to punish customs offences, for operations that are released through the processes of contingency is also suspended for the same term.
However, if the goods are trataren drugs or illicit substances, proprietary use of the armed forces, animal species in danger of extinction, property belonging to the heritage historical and cultural of the nation and other stagnant goods or import prohibited firearms and for provision of special laws should be put at the disposal of the competent authority the procedures laid down therein will follow.
Article 5.-the auxiliary of the function public customs, by virtue of the granted quality, are required within its competence to support contingent measures taken by the Directorate General of customs.
Article 6.-the nature of the circumstances that motivated the issuing of this Decree, declared of public order; as a result, those foreign trade operations carried out from the June 26, 2012 will be covered.
Article 7.-this Decree shall enter into force as from the day of its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, in the fifth day of July in the year two thousand twelve.
OTHON SIGFRIDO REYES MORALES 3 index legislative President ALBERTO ARMANDO ROMERO RODRÍGUEZ GUILLERMO ANTONIO GALLEGOS NAVARRETE first Vice President second Vice President JOSE FRANCISCO MERINO LÓPEZ FRANCISCO ROBERTO LORENZANA DURÁN third Vice-President fourth Vice President ROBERTO JOSÉ d'AUBUISSON MUNGUIA fifth Vice President LORENA GUADALUPE penalty MENDOZA CARMEN ELENA CALDERON Sun of step first Secretary Second Secretary SANDRA MARLENE SALGADO GARCIA JOSE RAFAEL MACHUCA ZELAYA third Secretariat fourth Secretary IRMA LOURDES PALACES VASQUEZ MARGARITA ESCOBAR fifth Secretariat sixth Secretariat RODRIGO SAMAYOA RIVAS REYNALDO ANTONIO LOPEZ CARDOZA seventh Secretary eighth Secretary presidential House: San Salvador, to the twelve days of the month of July in the year two thousand twelve.
PUBLISH, CARLOS MAURICIO FUNES CARTAGENA, PRESIDENT OF THE REPUBLIC.
Juan Ramon Carlos Enrique Caceres Chavez, Minister of finance.
D. OR. No: 129 Tome. No.: 396 date: 12 July 2012 JBCH/ielp 4 legislative index 13-08-2012