SECRETARY OF COMMUNICATIONS AND TRANSPORTS
DECREE that the Law created by the Mexican Space Agency is issued.
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
THE LAW CREATED BY THE MEXICAN SPACE AGENCY IS EXPIDE.
ONLY ARTICLE. The Law created by the Mexican Space Agency is issued.
Article 1. The Mexican Space Agency is created as a decentralized public body, with legal personality and its own patrimony and with technical and management autonomy for the fulfillment of its attributions, objectives and purposes.
The agency will be part of the sector coordinated by the Communications and Transportation Secretariat. Its legal domicile will be Mexico City, Federal District, without prejudice to establishing offices and conventional homes in any part of the country.
Article 2. The Mexican Space Agency will have as its object:
I. Formulate and propose to the head of the Secretariat of Communications and Transport the general lines of the Space Policy of Mexico, as well as the National Program of Space Activities;
II. Execute the Space Policy of Mexico, through the elaboration and implementation of the National Program of Space Activities;
III. Promote the effective development of space activities to expand the country's capacities in the fields of education, industry, science and technology in space;
IV. To develop the scientific-technological capacity of the country through the articulation of the sectors involved in all the fields of space activity that make possible their actions in a framework of national autonomy in the field;
V. Promote the development of space systems and the means, technology and infrastructure necessary for the consolidation and autonomy of this sector in Mexico;
VI. Facilitate the incorporation of the sectors related to this policy and in particular the participation of the productive sector, so that it becomes competitive in the markets of space goods and services;
VII. Promote active international cooperation through agreements that benefit space activities and enable the active integration of Mexico into the International Space Community;
VIII. Serve as an instrument of the State's rectory in this sector, in order to strengthen sovereignty;
IX. Ensure national interest and security through a strategy that integrates scientific and technological knowledge, efficiency, experience and capacity for coordination among public entities in the Federal Public Administration;
X. To ensure and preserve the public interest and protection of the population as a basis for the development, security, peace and prevention of national security problems in Mexico, and
XI. Receive from public, private and social entities, proposals and observations in the space area for study and consideration.
Article 3. They are instruments of the Space Policy of Mexico:
I. The selection of technological alternatives for the solution of national problems;
II. Developing your own solutions for specific problems;
III. The use of information and technology generated in space and related areas, that are of interest and to the benefit of Mexican society;
IV. International negotiations, agreements and treaties on matters related to space activities;
V. Space research and the training of high-level human resources, as well as the infrastructure needed for this purpose;
VI. Recognition of the importance of education, culture and social life for the economy, education, culture and social life, as well as the development, appropriation and use of scientific knowledge and technological developments associated with space research;
VII. Academic exchange between national and foreign scientific and technological research institutions;
VIII. Scientific, technological and collaborative exchange with other space agencies;
IX. The participation of Mexican companies with the necessary technological capacity to provide equipment, materials, inputs and services that require own projects or agencies with which exchange and collaboration protocols are available, and
X. The adequacy of the national productive sector to participate and to acquire competitiveness in the markets of space goods and services.
Article 4. For compliance with its object, the Agency will have the following functions:
I. To promote studies and development of scientific and technological research in the field and in the priority areas of attention defined in the National Program of Space Activities;
II. Establish and develop liaison activities with national institutions of an academic, technological and professional nature dedicated to studies of subject matter;
III. Promote the development of space activities to expand the country's capabilities, both in this field and in the aviation industry, telecommunications and all its applications related to space science and technology corresponds;
IV. To support the adequacy of the sectors related to space policy, particularly the productive one, to be incorporated and participate competitively in the markets for space goods and services;
V. To promote training, outreach and collaboration between national, foreign and international public and private institutions, which carry out space activities, as well as the development of space systems and the means, technology, infrastructure and training of the human resources needed for the consolidation and autonomy of this sector in Mexico;
VI. Promote the signing of international treaties of a bilateral and multilateral nature, and advise the Federal Government on the implementation thereof, as well as on the interpretation of relative international texts;
VII. To design strategies and instruments for the development of knowledge, dissemination and application of the sciences and technologies associated with space research, in coordination with the three government orders, as well as with the instances of private initiative and civil society organisations concerned;
VIII. Define and promote programs, projects and actions to strengthen knowledge and the development of space research, its influence on daily life and its potential as a factor for economic development;
IX. To promote research through the institutions of basic and applied research and/or specialized companies, as well as the dissemination of their results and applications;
X. Carry out research, work, expertise and issue opinions of a technical, scientific and legal nature on the subject;
XI. To promote the training of space specialists and their related disciplines, by linking activities and programs of undergraduate, graduate, graduate and specialization courses, updating and training;
XII. Formulate and implement dissemination and educational projects in the field, as well as develop and promote the production of outreach materials;
XIII. Create and operate a system of information and consultation in the field; bring the national registry of related activities and promote development and formal space education, as well as the dissemination of studies on space research; and
XIV. The other resulting from the applicable legal and administrative systems in the field.
Article 5. They are the privileges of the Mexican Space Agency:
I. Coordinate the development of standardisation, accreditation and certification systems in the field, in collaboration with national agencies and competent foreign and international bodies;
II. To disseminate the provisions of the Constitution, this Law and the international treaties ratified by Mexico in this field, to take advantage of the opportunities for development that the latter can permit, and to issue to the three government orders recommendations relevant to its development and use;
III. To promote and support the creation and functioning of related entities in the states and municipalities, in accordance with the laws applicable in the federal entities and according to their realities, needs and capacity to participate in projects;
IV. Formulate the National Program of Space Activities, manage and exercise the necessary budget for the realization of its purposes, as well as to procure alternative sources of financing;
V. To advise and resolve queries that are formulated by institutions and dependencies of the different orders and branches of government, on the problems related to concessions, permits and authorizations for use, development and technological applications in the field space;
VI. To conduct scientific and technological events in space, where members of the Agency are involved and national and foreign guest specialists;
VII. Propose the designation of the country's representatives to the international bodies in the field of space, of which Mexico is a party and establish the national position in the matter of its competence;
VIII. Perform and participate in scientific and technological actions and events in space, in order to increase national scientific technical competence, and
IX. Execute all other similar acts involving the performance of their privileges.
Organization and Operation
Article 6. The Agency will have the following administration and governance bodies:
I. Governing Board;
II. General Address;
III. Watchdog, and
IV. The technical and administrative structures to be established in the Organic Statute.
Article 7. The Government Board of the Mexican Space Agency will be composed of 15 members, who will be:
I. The head of the Secretariat for Communications and Transport, who will chair it;
II. A representative of the Secretariat of Government who shall have the level of deputy secretary;
III. A representative of the Secretariat of Foreign Affairs to have the level of deputy secretary;
IV. A representative of the Secretariat of Public Education to have the level of deputy secretary;
V. A representative of the Secretariat of Finance and Public Credit to have the level of deputy secretary;
VI. A representative of the Secretariat of National Defense who must have a deputy secretary level;
VII. A representative of the Secretary of the Navy who must have a deputy secretary level;
VIII. The head of the National Council for Science and Technology;
IX. The Rector of the National Autonomous University of Mexico;
X. The Director General of the National Polytechnic Institute;
XI. The President of the Mexican Academy of Sciences;
XII. The President of the Academy of Engineering;
XIII. The President of the National Academy of Medicine;
XIV. A representative of the National Association of Universities and Institutions of Higher Education, and
XV. The head of the National Institute of Statistics and Geography.
For each member of the Governing Board, there will be an alternate appointed by the holder, who in his case must have the level of director general or equivalent. The alternate shall have the same powers as the owners and may, with a voice and vote, attend the meetings of the Board, when the respective owner does not attend.
Article 8. The Governing Board will hold at least four times a year and the sessions it holds may be ordinary and extraordinary.
You will be validly Sesionable with the assistance of at least eight of its members; and your resolutions will be valid when taken by the majority of those present. Only in case of a tie, the Chairman of the Governing Board shall decide with a vote of quality.
The Governing Board will have a Technical Secretary and a Prosecretary, who will be responsible for preparing what is needed for their sessions, integrating basic folders and monitoring to the agreements.
Article 9. The Governing Board will have the following indomitable faculties:
I. Formulate and propose to the head of the Secretariat of Communications and Transport the general lines of the space policy of Mexico and, as well as the National Program of Space Activities;
II. Define priorities, know and approve Agency programmes and projects;
III. Approve recommendations, guidelines and policy and action agreements on space issues;
IV. Propose and approve actions to ensure compliance with international treaties, conventions and agreements signed and ratified by Mexico in this area;
V. Adopt policies for the evaluation, monitoring, promotion and guidance of the Agency's;
VI. Know and in your case approve Director General reports;
VII. To authorise the Agency's programmes and draft budget, as well as the amendments to its financial year;
VIII. To know and where appropriate to approve the financial statements of the Agency and to authorise its publication;
IX. Approve agreements, coordination bases and collaboration agreements with authorities and bodies related to the subject, academic institutions, research and associations;
X. Establish bases and mechanisms for coordination, participation and collaboration with authorities and institutions, individuals and social groups and autonomous institutions;
XI. Set criteria and bases for creating or extending associated related local instances;
XII. Analyze and, if necessary, approve the Agency's Regulations, Organic Statute, Organization Manual, Manual of Procedures and Manual of Services, and
XIII. The other ones that are pointed out in this Law and other ordinances.
Article 10. The Director General of the Agency shall be appointed and removed by the head of the Federal Executive. The appointment shall be for a period of four years, with the possibility of an additional period.
To be Director General, the following requirements must be met:
I. To be a Mexican citizen by birth, over 30 years of age and to be in full enjoyment and exercise of his civil and political rights;
II. Have held high level decision-making positions and have expertise and experience in technical and space matters for at least five years, and
III. Not to be understood in any of the impediments that establish the Federal Law of the ParaState Entities or the Federal Law of Responsibilities of the Public Servants.
Article 11. These are causes of removal of the Director General, those that mark the Federal Law of Public Servants ' Responsibilities and the applicable legal framework.
Article 12. The Director General is responsible for the Agency's driving, management and good running, and will have the following powers:
I. Develop the National Space Activities Program and submit it to the approval of the Governing Board;
II. Celebrate and grant all kinds of acts and documents inherent in their object;
III. Exercise the most extensive powers of domain, administration and litigation and collection, even of those that require special authorization, according to other laws or regulations in accordance with the Law;
IV. Issue, endorse and negotiate credit titles;
V. Formulate querellas and grant forgiveness;
VI. Exercise and desist from prosecution, including the trial of amparo;
VII. Engage matters in arbitration and conclude transactions;
VIII. Grant general and special powers with the powers of the authority, including those requiring special authorisation or clause;
IX. Report to the Governing Board regarding its activities;
X. To draw up the draft Rules of Procedure, the Organic Statute, the General Organization Manual, the Procedures and the Agency's Public Services.
XI. Replace and revoke general or special powers;
XII. Follow up and comply with Government Board agreements, and
XIII. The others that point to you the Organic Statute, this Law and other ordinances.
Article 13. The oversight of the agency shall be carried out by the Federal Government, through a Public Commissioner and an alternate, appointed by the Secretariat of the Function Public; the above, without prejudice to their own internal control bodies which are an integral part of the structure of the body.
The Public Commissioner will attend, with a voice but without a vote, the sessions of the Governing Board.
Article 14. The Public Commissioner will assess the overall performance and areas of the body, its level of efficiency, and adherence to the legal provisions, as well as the management of its revenue and expenditure, being able to request and being the body obliged to provide all the information it requires for the performance of its tasks.
He will be responsible for the privileges conferred upon him by the corresponding articles of the Federal Law of the ParaState Entities, as well as those of the Rules of Procedure of the Agency and the other applicable legal provisions.
Article 15. Labor relations between the Mexican Space Agency and its workers will be governed by the provisions of Article 123 (B) of the U.S. Constitution. Mexicans, the Federal Labor Law and the other laws and regulations of the same.
From Budget and Heritage
Article 16. The Agency shall administer its assets in accordance with the applicable legal provisions and the programs and budgets it makes annually and approved by its Governing Board.
Article 17. The Agency's heritage will be integrated with:
I. The movable and immovable property to be used for its service;
II. The amount assigned to you in the Federation's Government Budget for its operation;
III. The revenue it receives from the services it provides;
IV. Donations and legacies that are awarded to you;
V. Other assets, rights and resources acquired by any other legal title;
VI. The Agency's revenue generated by services, contributions, donations or any other concept from its own activities or from national or foreign public or private institutions or bodies, shall not have to be concentrated in the Federation's Treasury for reassignment to the Agency, and
VII. The resources to be entered into the Agency by the concepts referred to in the previous paragraph must be applied precisely for the purposes, programmes and projects authorized by the Board of Directors.
Article First. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
Article Second. The Governing Board shall be installed in a period no longer than forty-five calendar days following the entry into force of this Decree.
Article Third. Once the Governing Board is installed, it will organize and convene permanent forums and tables of work so that within a period of not more than one hundred and eighty days, experts in the field space, both domestic and foreign, as well as Institutions of Higher Education and Public Research Centers, discuss and formulate the general lines of the Space Policy of Mexico that will be developed by the Space Agency Mexicana.
Article Fourth. Once the permanent forums and tables of work have been completed, the Chair of the Governing Board shall issue the call for the appointment of the Director General of the Space Agency. Mexicana, who shall be appointed in a period no longer than the following thirty calendar days following the issuance of that call and in accordance with the provisions of this Decree.
Article Fifth. The Director General of the Agency will have a period of ninety calendar days from his appointment to elaborate and present the National Program of Space Activities, the Draft Rules of Procedure, as well as the draft Organic Statute that will allow the Agency to fulfil its functions, which will be approved by the Governing Board within a period of no more than ninety calendar days from its presentation.
Mexico, D.F., on April 20, 2010.-Sen. Carlos Navarrete Ruiz, President.-Dip. Francisco Javier Ramírez Acuna, President.-Sen. Martha Leticia Sosa Govea, Secretary.-Dip. Jaime Arturo Vázquez Aguilar, Secretary.-Rubicas."
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, at 13 July of two thousand ten.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of Government, Lic. Fernando Francisco Gomez Mont Urueta.-Heading.