The Salvadoran Tourism Corporation Act

Original Language Title: LEY DE LA CORPORACIÓN SALVADOREÑA DE TURISMO

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1 index Legislative Decree No. 779 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that according to article 102, second paragraph of the Constitution, the State shall 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 also article 225 of the Constitution of the Republic establishes that when authorized by law, the State, for the attainment of its goals, may separate property of the mass of the Treasury or allocate resources from the General Fund, for the Constitution or increase of special assets earmarked for public institutions;
III. that tourism is one of the main sources of work and strong foreign exchange income potential;
IV.-that it is necessary to create an entity whose purpose is primarily the promotion of the most attractive places in the country, encouraging foreign and national investment, contributing with the environmental policies of the Government of the Republic; for which it is necessary to assign the appropriate resources, in order to facilitate their creation and functioning;
Therefore, in use of his constitutional powers and at the initiative of the President of the Republic through the Minister of tourism, (1) DECREED the following: law of the Corporation SALVADORAN of tourism chapter I creation article 1.-create the Salvadoran Tourism Corporation, as an autonomous entity of public law which can be abbreviated CORSATUR and in the text of this law shall be called "The Corporation".
Chapter II aims article 2.-the Corporation purpose shall be the development of the sector tourism, through the 2 index following legislative activities: to) the promotion of the tourist attractions of our country abroad;
b) carry the record national tourism, both holders of companies tourist as of the incentives legal granted to such companies. REGISTERING ALL SPECIAL ENTRIES THAT HAVE THE APPLICABLE LAWS WILL BE MADE. AS A COMPLEMENTARY ACTIVITY TO SUCH REGISTRATION, THE CORPORATION WILL PROMOTE, COORDINATE AND PERFORM A PROGRAM OF IDENTIFICATION, CLASSIFICATION, CATEGORIZATION, QUALIFICATION AND CERTIFICATION OF TOURISM COMPANIES, ASSISTED BY BODIES, ENTITIES OR PERSONS SPECIALIZED IN THE TOPIC; (2) (c) take a census statistical updated, containing information on the inventory of attractions and infrastructure national of LA activity tourist and other information of interest about the tourism internal and international. ALSO, AND FOR THE PURPOSES OF DISCLOSURE, CONDUCT AN ANNUAL PUBLICATION OF A CATALOGUE OF TOURISM INFRASTRUCTURE IN THE COUNTRY, CONTAINING THE NAMES OF THE PEOPLE OR COMPANIES, ADDRESS, MEDIA CONTACT AND OFFERING SERVICES THAT LEND. IN ADDITION TO PERFORM ALL THE ACTIVITIES IT DEEMS NECESSARY TO PROMOTE DOMESTIC TOURISM; (2) d) promote the privatization of enterprises and real estate that are awarded to you by the Ministry of law, donation or any other lawful means, when it is of benefit to our country.
e) foster the integration and operation of committees of development tourism, regional, departmental and municipal; THE POSITIONS ASSIGNED TO THESE COMMITTEES SHALL BE AD-HONOREM. THE REGULATIONS UNDER THIS LAW SHALL REGULATE THE CONSTITUTION AND OPERATION OF THESE COMMITTEES. (2) chapter III autonomy article 3.-the Corporation is an autonomous institution with legal personality and own patrimony, with full power to exercise rights and contract obligations; It will perform its administrative management with absolute independence, subject to the decisions of its Board of Directors, who must take them according to the laws of the Republic and shall be responsible for its management in a total way.
The Corporation shall deal with any public entity through the Ministry of tourism. (1) article 4.-the domicile of the Corporation shall be the city of San Salvador, and may establish regional offices in any place of the Republic or abroad.

3 index legislative chapter IV heritage article 5.-the heritage of the Corporation shall be constituted by: a) those movable and real estate to procure by Ministry of law, by purchase, donation or in any other capacity permitted by the law, by public or private institutions;
(b) the goods referred to in article 25 of this law;
(c) budgetary allocations conferred by the Government of the Republic for the start of its operations and performance during its organization;
(d) the income obtained by the administration of the different tourist facilities that are transferred to the Corporation by this law, and which may be acquired in the future; (and e) other income in any other legal concept.
Article 6.-the Corporation may also have the following resources: to) any capital allocation assigned by the State in the future.
(b) the product obtained in respect of fees for service; and, c) resources to be obtained from different credit operations authorized by this law.
Chapter V management article 7.-the Corporation will operate under the direction of a Board of Directors.
Article 8.-the Board of Directors will be formed by eight directors in the following way: (2) a) a President DIRECTOR, who will be the holder of the Secretary of State for tourism; (2) (b)) a DIRECTOR representative of the State in matters of Interior Ministry; (2) c) a DIRECTOR representative of the Secretariat of State in matters of environment and natural resources; (2) d) a representative DIRECTOR of Council national for the culture and the art, CONCULTURA; ((2) 4 legislative index e) four directors representatives of the non-governmental SECTOR, elected and appointed by the President of the Republic a listing open of candidates of LAS entities GUILDS of LA company private with personality legal and of organizations not governmental with personality legal related to the theme of the tourism and of unions of companies related with the object of law. ENTITIES MENTIONED ABOVE WHO WISH TO INCLUDE IN LISTING CANDIDATES MUST SELECT THEM ACCORDING TO ITS DOMESTIC. REFERRING TO THE LITERAL PRESENT PROCEDURES WILL BE REGULATED BY LAW. (2) (3) WILL THERE BE EQUAL NUMBER OF DEPUTY DIRECTORS WHO WILL ATTEND WITH VOICE BUT WITHOUT VOTE, WHO WILL REPLACE THE OWNER IN HIS ABSENCE, WHICH SHALL BE APPOINTED IN THE SAME MANNER AS THE OWNERS. IN THE CASE OF THE PRESIDENT DIRECTOR, THE ALTERNATE SHALL BE THAT EAST DESIGNATE. (2) article 9.-the directors shall be appointed for a period of three years and may be REELECTED. IN CASE THE PRESIDENT DIRECTOR, THE ELECTION PERIOD SHALL BE THAT FOR WHICH IT IS NAMED IN THEIR RESPECTIVE SECRETARY OF STATE. ((2) article 10.-the President and the members of the Board of Directors of the private owners or alternate, shall meet the following requirements: to) be Salvadorans;
(b) be at least 25 years of age; and, c) be recognized honorability and extensive experience in the tourism sector.
Article 11.-are disabled to be members of the Board of Directors: to) people to come if they are spouses or relatives within the fourth degree of consanguinity or second of affinity;
b) those convicted of any crime involving lack of probity;
(c) broken or processed that have not obtained their rehabilitation; and, (d) those who are creditors, debtors, contractors or subcontractors of the Corporation.
Article 12.-the Board of Directors shall meet in ordinary session at least once A month and is EXTRAORDINARILY, when convened by the President DIRECTOR. IN ANY CASE THE QUORUM IS FORMED WITH THE APPEARANCE OF FIVE DIRECTORS AND AGREEMENTS WILL BE TAKEN BY A MAJORITY OF THE MEMBERS OF THE BOARD. IN THE EVENT OF A TIE IN VOTING, THE PRESIDENT SHALL HAVE DOUBLE VOTE. ((2) 5 index legislative chapter VI powers of the Board directive Article 13.-are powers of the Board of Directors: to) prepare and submit to the Executive Body in the field of tourism projects of law and regulations required for the promotion and development of the tourism sector; (1) (b)) develop the internal working rules which will govern the operation of the Corporation, in accordance with this law;
(c) authorize the acquisition, Constitution of liens and transfer of assets and approve contracts that undertakes the Corporation, while respecting the requirements and procedures set out in laws and regulations;
(d) pay an annual report of the work of the Corporation, to the Executive Body in the field of tourism, accompanying financial statements; ((1) e) repealed (2) f) repealed (2) g) approve the plans strategic and the plans operating of the Corporation; (2) h) present to the consideration of the Ministry of tourism, the budget of the Corporation and modifications thereof to be submitted to the approval of the legislative body; (1) i) authorize the issue of securities values, according to the provisions of law governing the matter. and j) exercise all other powers and faculties which are in accordance with the law.
(k) approve the wages of its personnel system. (2)

Article 14.-the Board of Directors, on the proposal of the President, shall appoint a GENERAL Manager who will be responsible the implementation of the resolutions of the Board of Directors, GENERAL SUPERVISION and coordination of the activities of the Corporation administrative; WHO PARTICIPATE IN THE MEETINGS OF EXECUTIVE BOARD WITH VOICE BUT WITHOUT VOTE. ((2) the President shall have the following functions: (2) a) exercise judicial and extra-judicial representation of the Corporation, and can preview 6 index legislative authorization of the Board of Directors appoint proxy General, administrative and special, as well as revoke the powers already granted to the same name;
b) appoint or remove managers and other staff, and may delegate this function in the Manager-GENERAL; (2) (c) study and revise in coordination with the General Manager, or whoever does the times of this, matters that should meet the Board of Directors and submit them promptly for their consideration; and, (d) any activity that is oriented to the development of the tourism industry.
Chapter VII budget article 15.-the Corporation will hold their expenditures to a special budget approved by the legislature.
In this budget are expressed separately which correspond to expenses of operating and other expenditures in current account and capital operations.
DIETS OF THE DIRECTORS, EXCEPT THE DIRECTOR PRESIDENT'S, WHO IS NOT ENTITLED TO DO SO, WILL BE ESTABLISHED ACCORDING TO THE LAWS GOVERNING THIS MATTER; AND WITH REGARD TO THE REMUNERATION OF STAFF, TEMPORARY WORKERS AND WORKERS IN GENERAL, WILL BE FIXED BY CONTRACT IN ACCORDANCE WITH THE LABOUR LAWS. (2) article 16.-the Corporation may contract loans, which require agreement of the Board of directors by favourable decision of the Executive Body in the field of tourism and finance, authorization of the legislature. (1) article 17.-the Corporation will be able to lease or BAILMENT properties, whenever it is convenient to their interests and are aimed at the development of the tourism. LIKEWISE, TO SELL THOSE PROPERTIES IN ITS PROPERTY, INVESTORS INTERESTED IN DEVELOPING TOURISM PROJECTS. THIS TRANSACTION WILL BE DONE THROUGH APPROVAL OF THE LEGISLATURE. (2) article 18.-There will be a Treasurer responsible perceive and custody of all funds and income of the Corporation and pay all obligations legally.
Article 19.-may be not accepted offers of supplies or services, proprietary or alternate members of the Board of directors or their spouses, relatives up to the fourth degree of consanguinity or second of affinity.
Offers made by companies in which the members of the Board of Directors have participation will not be accepted.

7 index legislative is excepted, in the event that the offeror is the only one that can provide services or supplies requested. The Board it shall derogation and the affected members shall refrain from participating in the decision.
Chapter VII - to Creaclon, purpose and organization of the national registry tourism (2) article 19-– create the national registry tourism, hereinafter called "The register", with character publicly, which shall have national jurisdiction and in the tourist, domestic enterprises shall be entered or foreign, as well as their owners, are these individuals or legal entities, that they develop or explode in the national territory TOURIST ACTIVITIES AND WHO WISH TO AVAIL THEMSELVES TO THE REGIME OF BENEFITS OR TAX INCENTIVES THAT REFERRED TO IN THIS LAW.
REGISTRATION CONSTITUTES A MECHANISM TO COLLECT INFORMATION AND KEEP IT UP-TO-DATE, ON INVENTORY OF ATTRACTIONS AND NATIONAL INFRASTRUCTURE OF TOURIST ACTIVITY; SHALL BE RESPONSIBLE ALSO FOR PRODUCING STATISTICS OF TOURISM BUSINESSES ACCORDING TO THE CLASSIFICATION THAT ARE INVOLVED IN THE SECTOR.
THE REGISTRATION SHALL BE GRANTED, PRIOR COMPLIANCE WITH THE REQUIREMENTS OF THE PERSON CONCERNED, IN ACCORDANCE WITH THE CLASSIFICATION ESTABLISHED IN THE PRESENT LAW AND ITS REGULATIONS. ((2) art. 19-b - registration will have at least the following sections: to) register of tourism businesses and their owners;
b) registry incentives granted to each one of the companies tourist.
REGISTRATION PROCEDURES WILL BE SET OUT IN THE REGULATIONS UNDER THIS LAW. ((2) article 19-c - log will contain for each company and holder, the following information: to) tourist enterprise data owned by the holder: activity or provided services, declared assets, address and registration of trade.
(b) the holder of the company tourist data: name, company name or reason, nature, home, address, organs of administration, representation LEGAL and registration in the registry of Commerce.
THE HOLDERS OF TOURISM BUSINESSES WILL BE REQUIRED TO UPDATE THE INFORMATION REQUIRED BY THIS ARTICLE WHENEVER THEY HAVE CARRIED OUT MODIFICATIONS OR CHANGES TO THE DESIGNATED. ((2) 8 index legislative article 19-D - the registry of each of the tourist industry and the holder, will cause the following rights in dollars of the United States of AMERICA: to) registration of tourist companies according to their total assets: up to US $12,000.00... US $15.00 FROM US $12,001.00 TO US $25,000.00... US $25,001.00 TO US $50,000.00 $25.00... $50.00 FROM US $50,001.00 TO US $200,000.00... . US $100.00 US $200,001.00 ON... $200.00 b) registration of the owner, already is person NATURAL or legal, twenty-five dollars ($25.00).
(c) renewal biennial of the respective records, twenty-five dollars ($ 25.00).
(d) registration of transfers, modifications and cancellations of registration to request of interested party, fifty dollars ($ 50.00).
THE ABOVE RIGHTS ARE PAID IN THE INSTITUTIONAL TREASURY OF CORSATUR. (2) article 19 - e. - the payment of the aforementioned rights and the presentation of all relevant documentation, shall be prerequisites that tourism companies obtain their classification, categorization, qualification and respective certification in accordance with the regulations and which shall be granted by a resolution issued by CORSATUR. (2) article 19-F.-the registration certificate will be granted without prejudice to authorizations which concerned tourism companies must obtain to other competent authorities, to operate legally. ((2) art. 19-G-will cancel the registration of any company and its owner, in the following cases: to) at the written request of the registered proprietor;
(b) by resolution that imposes sanction for infractions very serious of agreement to the law tourism);
c) by incurring repeatedly in infractions GRAVES of conformity to the 9 index legislative act tourism. (2) Chapter VIII inspection and surveillance article 20.-the financial control of the Corporation you will be up to the Court of accounts of the Republic, who is detailed report of the Administration, with respective vouchers should be filed.
This control shall be in accordance with the provisions of the law of the Court of accounts of the Republic.
Audit article 21.-corresponds to the Board of directors named to the internal auditor, or private firms to support its audits.
The private firm and its staff shall meet the requirements laid down in the rules of the law of the Court of accounts of the Republic.
The auditor will last one year in the performance of their duties and his appointment will be approved.
Article 22.-the internal auditor shall have the following functions: to) audit operations, activities and programs of the Corporation;
b) submit summary reports of inspection and control activities to the Board of Directors;
(c) verify and certify the balance sheet, the picture of income and expenses and any other documents relating to the financial management of the Corporation;
(d) to review the financial and accounting activities of the Corporation in accordance with the auditing standards;
(e) request any explanation or report required for the performance of their functions;
f) inform in writing to the Board, with a copy to the Court of accounts of the Republic, of any irregularity or infringement notare;
(g) give report to the Board of Directors on the financial state of the Corporation and the conduct of its operations; and (h) undertake the tasks within its competence entrusted by the President.
Chapter IX General provisions 10 index legislative delegates of tourism article 23.-of the coming budget special contribution established in article 16 of the law on tourism receive CORSATUR, until a twenty percent may be used for the development of tourism products that are approved by the Board of Directors of this institution. (2) Organization of events article 24.-the Corporation shall have power to participate in the direct organization of sporting or artistic events, conferences, shows and all kinds of acts that contribute to the increase of the tourism industry.
YOU CAN ALSO SPONSOR SOME OF THE PAST EVENTS, PRIOR AUTHORISATION OF THE BOARD OF DIRECTORS. (2) CHAPTER X FINAL PROVISIONS AND ENTRY INTO FORCE

Article 25.-are transferred to Corporation, the collateral deemed suitable to relocate the directive Board of the Salvadoran Institute of tourism, and the following real estate: to) Mount ball located in the jurisdiction of San Francisco Menéndez, Department of Ahuachapán, registered number 19 of the book 239 of the registry property, root and mortgages of the second section of West of Ahuachapán;
b) HOTEL of mountain land of rustic nature, located in the Canton of Las Lomas, jurisdiction of Santa Ana, registered with number 2 of the book 784 of the registry property, root and mortgages of the first section from West of Santa Ana, which will conform to the rules established in the d) of article 2 of this law, except for the area which occupies the park recreation facilities , which will continue to be preserved and protected by the State;
(c) composite of two real estate ICACAL; the first registered the number 48, book 157 of the registration of the property of the first section of East, located in Intipuca, jurisdiction of the Department of the Union; and the second, registered number 55, of the book 288 of record of the property of the first section of Eastern;
d) complex TURISTICO DE LA freedom 11 index legislative located in the center of the village or Puerto de La Libertad, registered with the number 27 of the book 686 of the registration of the property of the fourth section of the Center, Nueva San Salvador, with the exception of the area which occupies the cellar number four of these facilities, which are transferred by Ministry of law to the Municipal Mayor of the Puerto de La Libertad;
e) VIEWPOINT plans of RENDEROS composed of two properties located in the jurisdiction of San Marcos, place known as Planes de Renderos; the first, registered with the number 101 of the book 676 of the registry property of San Salvador and the second, in number 2 of the book 737 of the registration of the property of San Salvador.
These properties will be transferred by special decree, which described them, and their transfer shall be entered in the Social register of real estate transfer.
Article 26.-the provisions of this law, because of its special character, prevail over any other that contradict them.
Article 27.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, twenty-five days of the month of July of the year one thousand nine hundred and ninety-six.
MERCEDES GLORIA SALGUERO GROSS President ANA GUADALUPE Martínez ALFONSO Menéndez ARISTIDES ALVARENGA Vice President Vice President José RAFAEL MACHUCA ZELAYA, JULIO ANTONIO GAMERO QUINTANILLA Vice President Vice President José EDUARDO SANCHO CASTAÑEDA GUSTAVO ROGELIO SALINAS OLMEDO Secretary Secretary CARMEN ELENA CALDERÓN of step WALTER RENE ARAUJO MORALES Secretariat Secretary RENE MARIO FIGUEROA FIGUEROA Secretary House presidential: San Salvador, at thirty-one days of the month of July of the year one thousand nine hundred and ninety-six.

12 index legislative published, ARMANDO CALDERÓN SOL, President of the Republic.
EDUARDO ZABLAH-TOUCHE, Minister of economy.
D. o. No. 156 volume no. 332 date: 23 August 1996.
REFORMS: (1) D. L. NO. 501, 5 NOVEMBER 2004; D. O. N ° 232, T. 365, 13 DECEMBER 2004.
(2) D. L. NO. 900, DECEMBER 10, 2005. D. O. N ° 237, T. 369, DECEMBER 20, 2005.
(3) D.L. No. 96, 18 August 2012; D. O. N ° 154, T. 396, 22 AUGUST 2012.
ngcl JCH 11/09/12

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