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Protection Act Emblem And Name Of The Red Cross

Original Language Title: LEY DE PROTECCIÓN DEL EMBLEMA Y NOMBRE DE LA CRUZ ROJA

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE NO. 175.-

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

WHEREAS:

I.-That by Legislative Decree No. 789 dated January 26, 1994, published in the Official Journal No. 56, Volume 322, date 21 March of the same year, the Law of Protection of the emblem of the Red Cross, which needs to be substantially modified to respond to the political and social reality of the Salvadoran State;

II.-That the Republic of El Salvador has ratified the Geneva Conventions of 1949, as well as the respective Additional protocols of 1977, in the field of International Humanitarian Law;

III.-That by Legislative Decree No. 2233 of 10 October 1956, published in the Official Journal of date 22 of the same month and year, the Government of El Salvador, recognized the existence of the National Society of the Salvadoran Red Cross as an Institution Autonomy of utility and public beneficence;

IV.-That it is necessary to delimit the use of the emblem and the name of the Red Cross or Red Crescent at national level, to determine taxatively the assumptions that authorize their use, the persons and institutions authorised to do so and those responsible for conferring authorizations and administratively regulating their use, both in terms of peace and in time of armed conflicts of an international and non-international nature, of conformity with the stipulations of the aforementioned Conventions;

V.-That in the Conventions of Geneva, 1949 and its Additional Protocols of 1977, the Government of El Salvador has the obligation to issue special rules to protect against any misuse of the name and emblem of the Red Cross, so that the The issue of the Red Cross emblem Protection Act;

VI.-That in view of the fact that the current Law on the Protection of the Red Cross emblem does not respond to the Salvadoran social political reality, and that such legislation should regulate protection of the Red Cross and Red Crescent emblem, both in time of armed conflict and in time of peace, is necessary decree a new law that is attached to the current demands of the Salvadoran society, and that of a more global protection to the emblem and name of the Red Cross and Red Crescent;

FOR TANTO,

in use of its constitutional faculties and on the initiative of the President of the Republic, through the Ministers of Foreign Affairs, Interior, National Defense, Public Health and Assistance

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Social, Education, and Public Safety and Justice,

DECCRETA, the following:

EMBLEM AND RED CROSS NAME PROTECTION ACT. (1)

CHAPTER I OF NATURE, PURPOSES AND USES

Art. 1. THE EMBLEMS OF THE RED CROSS, RED CRESCENT AND RED CRYSTAL, AS WELL AS THE WORDS "RED CROSS", "GENEVA CROSS", "RED CRESCENT" AND "RED CRYSTAL", CAN ONLY BE USED FOR THE PURPOSES PROVIDED FOR IN THE 1949 GENEVA CONVENTIONS AND THEIR ADDITIONAL PROTOCOLS; THAT IS, BY PERSONNEL, TRANSPORT UNITS, MATERIALS AND ESTABLISHMENTS OWNED BY THE HEALTH SERVICES BELONGING TO THE ARMED FORCE, TO THE CHAPLAINS ATTACHED TO IT; THOSE BELONGING TO THE COMPANY NATIONAL OF THE RED CROSS, WHICH WILL HENCEFORTH BE CALLED THE "SALVADORAN RED CROSS"; THE INTERNATIONAL COMMITTEE OF THE RED CROSS AND THE INTERNATIONAL FEDERATION OF THE NATIONAL SOCIETIES OF THE RED CROSS AND THE RED CRESCENT, ACCORDING TO THE STATUTES OF THE INTERNATIONAL MOVEMENT OF THE RED CROSS AND RED CRESCENT; AS WELL AS ALL THOSE PERSONS OR INSTITUTIONS AUTHORISED IN THIS LAW.

THE EMBLEMS OF THE RED CROSS, RED CRESCENT AND RED GLASS ON WHITE BACKGROUND ARE ESSENTIALLY INTENDED TO DISTINGUISH PEOPLE AND GOODS THAT BENEFIT FROM THE PROTECTION OF THE 1949 GENEVA CONVENTIONS AND THEIR PROTOCOLS. ADDITIONAL.

THE EMBLEM AND THE NAME OF THE RED CROSS HAS BEEN CONCEIVED FREE OF ALL RACIAL, RELIGIOUS, POLITICAL, SOCIAL, CULTURAL AND COMMERCIAL SIGNIFICANCE SINCE IT MUST ENCOMPASS ALL PEOPLE WITHOUT DISTINCTION.

THE EMBLEM OF THE RED CROSS WILL BE COMPOSED OF A RED CROSS OF GIN, WHICH CONSISTS OF A FIGURE COMPOSED OF FIVE EXACT SQUARES THAT MAKE UP A CROSS AND WILL HAVE TWO USES: ONE PROTECTOR AND ONE INDICATIVE. (1)

CHAPTER II FROM THE USE OF THE PROTECTIVE EMBLEM

Art. 2.-The protective emblem consisting of the Red Cross or the Geneva Cross on white background, receives a legal connotation in International Law from its inclusion in the Geneva Conventions and its Additional Protocols, and as a consequence must be respected by the parties to the conflict.

The emblem used for a protective title is intended to indicate that persons and property are under the protection of the Geneva Conventions and their Additional Protocols, corresponding immunity.

Art. 3.-In time of conflict of international and non-international character, the State and Government of El Salvador through the Armed Forces will authorize the use of the Red Cross emblem

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in protective terms to medical staff, hospitals and other civilian health units of the Red Cross Red Cross and foreign Red Crescent Societies, in particular for transport and assistance. of the injured, sick, invalid, women in the state of pregnancy and other victims of the conflict without further restriction than the impartiality and gratuitousness of the services.

It is established that, according to the Geneva Conventions and their Additional Protocols, the Military Health Services of the Armed Forces of El Salvador can use the protective emblem in its units, facilities, personnel and other equipment.

In addition, in times of armed conflict of an international or non-international nature, the Red Cross can only use the emblem. to protect your facilities, personnel, materials and equipment that allow you to deploy their humanitarian work related to such situations.

Art. 4.-The emblem used for a protective title must be identifiable from as far away as possible. It shall be as large as the circumstances justify and shall be placed in flags or on a flat surface and visible from all directions, including from any altitude. The fund will always be white.

The buildings belonging to or managed by the Salvadoran Red Cross will be marked with the protective emblem in time of armed conflict and no other texts should be placed outside it. as drawings of any nature. The background will always be white.

Art. 5. In the event of an international and non-international armed conflict, members of the Salvadoran Red Cross prepared to be placed at the disposal of the military health service of the Salvadoran Armed Forces must wear an emblem. Specifically protective in a white brazal with the red cross placed on the left arm, and when they are effectively under the authority of that service, they shall be carried according to the provisions of the Geneva Conventions and their respective Protocols.

You must also carry a document that identifies them as members of Salvadoran Red Cross.

Art. 6. In the event of an international armed conflict in the occupied territories or in the military operations zones, the members of the civilian hospital personnel may be authorized by the Armed Forces of El Salvador to carry the Protective emblem, specifically placed on the left arm, in accordance with the provisions of the Geneva Conventions and their Additional Protocols.

CHAPTER III OF THE USE OF THE INDICATIVE EMBLEM

Art. 7.-IN RESPECT OF THE USE OF THE INDICATIVE EMBLEM USED BY THE SALVADORAN RED CROSS, THE FOLLOWING MEANS THE EMBLEM OF THE RED CROSS ON A WHITE BACKGROUND, ACCOMPANIED AT THE BOTTOM BY THE LEGEND: THE SALVADORAN RED CROSS IN CAPITAL LETTERS, TYPE ARIAL AND BLACK, WRITTEN IN TWO ROWS,

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ALL FRAMED IN A VERTICAL RECTANGLE WITH BLACK BORDER. (1)

No texts other than the one, as well as drawings of any nature, will be placed in case. The fund will always be white.

The right of the Salvadoran Red Cross to establish and regulate within its organization through its rules of procedure the use and description of the emblems to be used by their bodies. However, it must be monitored for use in order to ensure that no act is carried out which can undermine the representativeness of the emblem or diminish the due respect, in accordance with the provisions of the Geneva Conventions, the Additional Protocols and the present Law.

Likewise, the Salvadoran Red Cross, In case of disturbances or internal tensions, you may use your indicative emblem in large dimensions to identify the personnel, materials and equipment that enable you to deploy your humanitarian work in relation to these situations.

CHAPTER III-A EMBLEM OF THE THIRD PROTOCOL (1)

Art. 7-A.-THE RED CRYSTAL OR EMBLEM OF THE THIRD PROTOCOL SHALL BE UNDERSTOOD AS DESCRIBED AS FOLLOWS: A RED SQUARE FRAME ON A WHITE BACKGROUND, PLACED ON ONE OF ITS VERTICES. THE RECOGNITION OF THIS ADDITIONAL DISTINCTIVE SIGN PLACES IT IN THE SAME STATUS AS THE PREVIOUS ONES, MAINLY IN ITS USE AS A PROTECTIVE TYPE.

HEALTH SERVICES AND RELIGIOUS PERSONNEL OF THE ARMED FORCE MAY TEMPORARILY EMPLOY ANY DISTINCTIVE SIGN RECOGNIZED IN THE GENEVA CONVENTIONS AND THEIR ADDITIONAL PROTOCOLS, WITHOUT PREJUDICE TO THEIR USUAL EMBLEM, IF THIS USE IT CAN ENHANCE YOUR PROTECTION.

SALVADORAN RED CROSS PERSONNEL MAY EXCEPTIONALLY MAKE USE OF THE EMBLEM OF THE THIRD PROTOCOL OR RED CRYSTAL, IN ORDER TO FACILITATE THEIR WORK, FOR WHICH THEY MUST BE AUTHORIZED BY THE STATE. (1)

CHAPTER IV OF THE INTERNATIONAL RED CROSS AND RED CRESCENT BODIES

Art. 8.-The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent National Societies, as well as their authorized personnel in the country can make use of the Red Cross's protective emblem in any time and for all their activities, as well as being able to use them in any of the assets of the institutions mentioned.

CHAPTER V OF THE NATIONAL SOCIETY

Art. 9.-The Red Cross emblem of the Red Cross is reserved for

Cross emblem of the Red Cross, as well as those belonging to the Armed Forces hospitals,

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The International Committee of the Red Cross, the International Committee of the Red Cross, the International Committee of the Red Cross, the International Committee of the Red Cross, the International Committee of the Red Cross, the International Committee of the Red Cross, will be able

use of the reserve mentioned in the previous paragraph. the National Red Cross and Red Crescent Societies, and the Foreign companies duly authorized.

Art. 10.-The Salvadoran Red Cross has the freedom to use the Red Cross's indicative emblem, in order to support its fundraising campaigns, in propaganda sheets or advertising posters accompanied by the name of the Society, by a text or by a propaganda drawing.

The Salvadoran Red Cross will apply the Regulation and its modifications on the use of the Red Cross and Red Crescent emblem by National Societies, adopted by the different Conferences International Red Cross and Red Crescent Societies.

Art. 11.-The objects put up for sale or offered by the Salvadoran Red Cross, may bear the indicative emblem, which will have decorative use, accompanied by the name of the National Society and its dimensions will be as small as possible, thus as manufactured in a perishable material; in general they will be such that it cannot suggest that the person carrying it belongs to the Salvadoran Red Cross and that it cannot be used any more improperly.

Art. 12.-The emblem of the Salvadoran Red Cross can be freely displayed on medals and other stimuli of gratitude, provided that the text indicates the meaning of the medal or the tribute paid through it.

Art. 13.-The Salvadoran Red Cross will use its indicative emblem and its name to mark the supplies entered by any means, in order to help the victims.

Art. 14.-The Salvadoran Red Cross may cooperate with other relief institutions or organizations in humanitarian actions, but under no circumstances can it share with them its name or its emblem.

CHAPTER VI OF THE ACTION REGIME

Art. 15. -WHO, WITHOUT THE CORRESPONDING AUTHORISATION, MAKES USE OF THE EMBLEMS OR TERMS: "RED CROSS", "GIN CROSS", "RED CRESCENT", "RED GLASS" OR ANY OTHER SIGN OR WORD WHICH IS AN IMITATION OR MAY BE CONFUSED WITH THE SUCH EMBLEMS OR TERMS SHALL BE SANCTIONED IN ACCORDANCE WITH THE CURRENT CRIMINAL LAW; LIKEWISE, THOSE WHO MAKE THESE EMBLEMS OR WORDS APPEAR ON SIGNS, POSTERS, ADVERTISEMENTS, PROSPECTS OR PAPERS OF COMMERCE, OR OCCUPY THEM IN GOODS OR IN THE PACKAGING OF THESE, OR SELL OR OFFER FOR SALE OR DISTRIBUTE MERCHANDISE IN THIS WAY MARKED, WILL PROCEED TO YOUR IMMEDIATE FORFEITURE WITHOUT PREJUDICE TO THE CORRESPONDING CRIMINAL PENALTIES. (1)

Whoever uses the emblem for perfidious reasons in accordance with Article 37, literal "d" of the Additional Protocol I, shall be sanctioned in accordance with the provisions laid down in the current criminal law.

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For the purposes of this Law, authorized cases shall be understood as those cases covered by this Law.

The Office of the Prosecutor General of the Republic shall initiate proceedings against any natural or legal person who infringes the law. precepts referred to in this Law.

Likewise, the Salvadoran Red Cross or any natural or legal person shall have the right to file lawsuits against those who infringe the provisions of this Law.

Art. 16.-The National Records Center shall not authorize the registration of any industrial or other type of industrial design or design contrary to this Law.

CHAPTER VII FINAL PROVISIONS

Art. 17. THE REGULATIONS OF THIS LAW ARE EQUALLY VALID AND APPLICABLE TO THE RED CRESCENT, RED CRYSTAL, EMBLEMS EQUIVALENT TO THE RED CROSS. (1)

Art. 18.-The provisions of this Law shall prevail over any other than the contrarié.

Art. 19.-Derogase Legislative Decree No. 789 dated January 26, 1994, published in Official Journal No. 56, Volume 322 of March 21, 1994, which contains the Law of Protection of the Red Cross emblem.

Art. 20.-This Decree shall enter into force eight days after its publication of the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the nineteenth day of October of the year two thousand.

CYRUS CRUZ ZEPEDA PENA, PRESIDENT.

WALTER RENE ARAUJO MORALES, JULIO ANTONIO GAMERO QUINTANILLA, VICE-PRESIDENT. VICE PRESIDENT.

CARMEN ELENA CALDERÓN DE ESCALA, JOSÉ RAFAEL MACHUCA ZELAYA, SECRETARY. SECRETARY.

ALFONSO ARISTIDES ALVARENGA, WILLIAM RIZZIERY PICHINTE, SECRETARY. SECRETARY.

RUBEN ORELLANA, AGUSTIN DÍAZ SARAVIA, SECRETARY. SECRETARY.

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CASA PRESIDENTIAL: San Salvador, at the twenty-six days of October of the year two thousand.

PUBLISH, FRANCISCO GUILLERMO FLORES PÉREZ,

President of the Republic.

Maria Eugenia Brizuela de Avila, Mario Acosta Oertel, Minister of Foreign Affairs. Minister of the Interior.

Juan Antonio Martínez Varela, José Francisco López Beltrán, Minister of National Defense. Minister of Public Health and

Social Assistance. Ana Evelyn Jacir de Lovo, Francisco Rodolfo Bertrand Galindo, Minister of Education. Minister of Public Security and Justice.

D. O. N/ 237 Tomo N/ 349 Date: 18 December 2000.

REFORM:

(1) D.L. No. 808, JANUARY 28, 2009; D.O. No. 30, T. 382, FEBRUARY 13, 2009.

CGC 11/02/09