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Royal Decree 1945 / 2009 Of 18 December, Which Regulates The Direct Award Of A Grant To The Organization Of American States.

Original Language Title: Real Decreto 1945/2009, de 18 de diciembre, por el que se regula la concesión directa de una subvención a la Organización de Estados Americanos.

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TEXT

The promotion of effective multilateralism is one of the main axes of Spanish foreign policy. In order to do this, MAEC must maintain voluntary contributions to international organizations that consolidate our presence in them and that they fulfill the commitments made at the highest level.

The voluntary contributions make it possible to strengthen the position of Spain in international bodies, apart from mere membership, and to prioritise certain actions in line with the foreign policy of the Government. They allow, thus, to become a decisive actor in decisions and policies and not a mere spectator.

Spain has participated as an observer in the Organization of American States (OAS) since 1972, the first country to accede to this category. With the signing, in 2006, of a Memorandum with the OAS that created the Fund of Spain in the OAS, Spain gave a new qualitative and quantitative leap in its relations with this Organization, which has manifested itself in the contributions financial as in the political interest shown by our country.

Spain's voluntary contributions have grown exponentially in recent years, covering both the scope of development cooperation and political cooperation. In the framework of political collaboration, the majority of the Organization's areas of action have been covered: Election observation missions, institutional reinforcement, democratic stability, migration, etc.

The maintenance of the level of contributions in the current and upcoming budget exercises is essential to maintain the status, weight and influence of Spain in the Organization. An eventual reduction would be a step backwards that would imply the loss of weight of Spain in the OAS, and would imply the path of the already achieved.

Therefore, with exceptional character and understanding that there are reasons of public and social interest, the State will directly grant, through the Ministry of Foreign Affairs and Cooperation, a grant in favor of the OAS in order to support the activities described in the Royal Decree.

This direct grant will be granted in accordance with the provisions of Articles 22.2.c) and 28 of Law 38/2003 of 17 November, General of Grants, and Article 67 of Royal Decree 887/2006 of 21 July, for which it is approves the General Grant Law Regulation.

The grant of subsidies of this nature is part of the functions of the Ministry of Foreign Affairs and Cooperation in the field of foreign policy, in accordance with the provisions of Royal Decree 1124/2008, 4 of July, for which the organic structure of the MAEC is developed.

In its virtue, on the proposal of the Minister of Foreign Affairs and Cooperation, with the report of the Ministry of Economy and Finance and after deliberation of the Council of Ministers at its meeting on 18 December 2009,

DISPONGO:

Article 1. Object.

This royal decree aims to regulate the direct grant of an exceptional grant to the Organization of American States (OAS), as it is the region's main multilateral forum for the strengthening democracy, the promotion of human rights and the fight against shared problems such as poverty, terrorism, drugs and corruption.

In particular, this grant will be used to finance the following OAS projects:

Policy Incident. SAPEM-System of Political Analysis and Multiple Scenarios (crisis prevention). It seeks to strengthen the capacity of the OAS General Secretariat to advise the Secretary General and political bodies of the Organization and to support the governments of the region in the field of political management.

Monitoring and risk analysis reports that include analysis of the situation and of different scenarios, and recommendations on policies and courses of action for the General Secretariat in five countries in the region.

Country report presentations that include analysis of the situation and of different scenarios to the governments of the five countries studied

Identification of specific areas where the General Secretariat can contribute to the various governments to contribute to democratic stability in the five countries studied.

OAS Mission of Good Trades in Colombia and Ecuador:

To bring together through the good offices (mechanisms, initiatives and actions) of the Secretary General and his representative to contribute to the normalization of bilateral relations between Colombia and Ecuador, taking into account that this shall not be achieved without the full consent of the parties.

Inter-American Peace Forum: Generate and maintain a constant dialogue among the different sectors of inter-American society on the promotion of a culture of peace and the peaceful resolution of conflicts and controversies.

September-21 Conference (International Day of Peace) or the working day closest to this date.

Thematic Seminars.

Cultural activities.

Promotion of leaders.

Publications, specialized reports, statistics, and surveys on issues related to the promotion of peace, peace initiatives, conflict resolution, promotion of a culture of peace, and the role of the OAS in the conflict resolution and the peaceful settlement of disputes.

Database of territorial disputes in OAS member states.

Databases of the Inter-American Institutes dedicated to the study of peace.

Training on the promotion of peace, preventive diplomacy, negotiation, mediation and observation of human rights in conflict situations.

The State in Latin America's New Democracies:

Conducting national meetings. Impact monitoring

Drafting and publishing of the final document entitled "Democracy in Latin America: Consensus and Challenges" that will systematize the different perspectives gathered in the national meetings and present the situation and democracy agenda in the region.

Chair of the Americas:

Greater knowledge of the OAS, as a main regional forum, and greater knowledge on the most pressing issues of political, economic and social character facing the hemisphere.

Identify issues of common interest of all OAS member states

Facilitating the participation of speakers

Organize, coordinate, execute and disseminate the series of Catedras among the member countries, the permanent observers and within the OAS, the representatives of indigenous peoples, civil society, academia, services of interpretation ...

Prepare, publish, and print documents that promote the program of the professorship series

Update the web page of the OAS series of Catedras in English and Spanish.

Coordinate the meetings of the Chair Council to ensure greater participation of member states in the Catedras.

Creation of an Academic Council to ensure greater participation of universities

Identification of mechanisms and best practices that will more effectively address the challenges of the Americas through presentations by speakers and an inclusive participation of all sectors of society in the debate.

Identification of mechanisms and best practices that address the challenges of the Americas more effectively through presentations by speakers and an inclusive participation of all sectors of society in the debate.

Article 2. Concession procedure.

1. It is authorised to grant, directly, the subsidy provided for in the previous Article, in application of the provisions of Article 22.2.c) of Law 38/2003 of 17 November, General of Grants, in relation to the provisions of the Article 28 of that Law, for reasons of public and social interest. The grant of the said grant shall be made by means of a resolution of the Secretary of State for Ibero-America, in which the applicable commitments and conditions shall be specified, in accordance with the provisions of this royal decree.

2. The subsidy regulated in this royal decree is exceptional and is also part of the main objectives of the State's action abroad.

Article 3. Amount and funding.

The amount of the grant to be awarded to the OAS will be EUR 792,793, which will be financed from the appropriations of Service 05 of the Ministry of Foreign Affairs and Cooperation.

Article 4. Beneficiary.

The beneficiary of the grant will be the OAS.

Article 5. Obligation of the beneficiary.

The beneficiary of this grant will be obligated to:

(a) Perform the activities for which the present grant is granted, in accordance with this royal decree and in the corresponding concession resolutions, presented the corresponding justifications.

b) Communicate to the Secretariat of State for Ibero-America, the Ministry of Foreign Affairs and Cooperation, the granting of other grants from any public or private entity, for the same purpose.

c) Submit to the current regulations on supervision, monitoring and control of grants, as well as providing all the information required by the competent bodies.

(d) To indicate in the brochures, posters and other documentation and material used in the development of the subsidized activity that is carried out in collaboration with the Ministry of Foreign Affairs and Cooperation.

e) The beneficiary shall in any event be subject to the obligations imposed by Articles 14 of Law 38/2003 of 17 November and consistent with Royal Decree 887/2006 of 21 July.

Article 6. Guarantee scheme

Unless the resolution of the Secretary of State for Ibero-America establishes the contrary, the beneficiary shall not be required to constitute a guarantee.

Article 7. Justification and payment scheme.

1. The formalities for payment of the quantities provided for in Article 3 shall be initiated with the entry into force of this royal decree. This payment shall be made, for the total amount envisaged, after the signature of the granting decision referred to in Article 2 of this royal decree.

2. The justification, by the beneficiary, of the fulfilment of the purpose of the grant and of the material application of the funds received, shall in any event be adjusted as laid down in Article 30 of Law 38/2003 of 17 November. General of Grants, and concordant of the Royal Decree 887/2006, of July 21, for which the Regulation of the General Law of Grants is approved. Within a maximum of 12 months of the decision granting the grant, the beneficiary of the grant shall justify compliance with the conditions imposed and the achievement of the objectives set out in the decision to grant the grant. terms listed in this section.

3. The OAS, given the amount of the grant, must present a budget broken down from the project of the actions to be carried out, which includes the expenses to which the grant is intended. This budget shall be submitted in advance of the receipt of the grant.

4. That entity, in accordance with Article 72.3 of Royal Decree 887/2006 of 21 July, before the deadline referred to in paragraph 2, shall provide a supporting account with the following content:

(a) A memory of the performance of the performance of the conditions imposed in the grant of the grant, with an indication of the activities carried out and the results obtained.

b) An economic memory supporting the cost of the activities carried out, which shall contain:

I. A classified relationship of the expenses and investments of the activity, with identification of the creditor and of the document, its amount, date of issue and, if applicable, date of payment. Where the subsidy is granted on the basis of a budget, the deviations shall be indicated.

II. Invoices or documents of equivalent probative value in the commercial legal traffic or with administrative efficiency incorporated in the relationship referred to in the preceding paragraph and, where appropriate, the supporting documentation of the payment.

III. Certificate of independent appraiser duly accredited and registered in the corresponding official register, in the case of acquisition of immovable property.

IV. Indication, where appropriate, of the criteria for the allocation of the general and/or indirect costs incorporated in the ratio referred to in paragraph (a), except in those cases where the grant bases have provided for their compensation by a lump sum without justification.

V. A detailed list of other income or subsidies which have financed the activity supported with an indication of the amount and its provenance.

VI. The three budgets which, pursuant to Article 31.3 of the General Law on Subsidies, must have been requested by the beneficiary.

VII. If applicable, the repayment letter of repayment in the case of remaining unapplied as well as the interest derived therefrom.

Expenses shall be justified by invoices and other documents of equivalent probative value in commercial legal traffic or with administrative efficiency, in original or certified photocopy.

Article 8. Non-compliance.

In accordance with the provisions of Article 37.1 of Law 38/2003 of 17 November, General of Grants, will be causes for the drawback or loss of the right to the grant perception:

(a) Total or partial non-compliance with the purpose of the grant or aid.

b) Lack of justification or insufficient justification.

c) Getting the grant or aid without meeting the required conditions for it.

(d) Failure to comply with the obligation to adopt the dissemination measures contained in Article 18 (4) of Law 38/2003, of 17 November, General of Grants.

e) The resistance, excuse, obstruction or refusal to the actions of verification and financial control provided for in Articles 14 and 15 of Law 38/2003, of 17 November, General of Grants, as well as non-compliance with the accounting, registration or retention of documents where the impossibility of verifying the use of the funds received, the fulfilment of the objective, the reality and the regularity of the activities are derived from this. supported, or the concurrence of grants, aid, revenue or resources for the same purpose, from any public or private authorities, national, European Union or international bodies.

(f) Any other arrangements to be established, where appropriate, in the granting resolution.

Article 9. Applicable legal regime.

The subsidy regulated in this royal decree will be governed, in addition to the provisions of Law 38/2003, of 17 November, 17 November, and Royal Decree 887/2006 of 21 July, except as to the principles of advertising and competition, as laid down in the other rules of administrative law which are applicable.

Final disposition first. Budgetary changes.

the Ministry of Economy and Finance will make the necessary budgetary changes to provide the Ministry of Foreign Affairs and Cooperation with the appropriations that will allow compliance with the provisions of the royal decree.

Final disposition second. Development standards.

The Minister of Foreign Affairs and Cooperation is empowered to adopt the necessary provisions for the development and implementation of this royal decree.

Final disposition third. Entry into force.

This royal decree will enter into force on the day of its publication in the "Official State Gazette".

Given in Madrid, 18 December 2009.

JOHN CARLOS R.

The Minister of Foreign Affairs and Cooperation,

MIGUEL ANGEL MORATINOS CUYAUBE