Order Aex/1001/2003, Of 23 March, Of Delegation Of Powers In Matters Of Personnel, Procurement And Budgeting And Public Spending.

Original Language Title: ORDEN AEX/1001/2003, de 23 de marzo, de delegación de competencias en materias de personal, contratación y gestión presupuestaria y del gasto público.

Read the untranslated law here: https://www.global-regulation.com/law/spain/1450279/orden-aex-1001-2003%252c-de-23-de-marzo%252c-de-delegacin-de-competencias-en-materias-de-personal%252c-contratacin-y-gestin-presupuestaria-y-del-gasto-pblic.html

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The Ministry of Foreign Affairs, together with his central structure, in Spain, has a number of diplomatic missions, permanent or special, representations or permanent missions, delegations, consular offices and institutions and agencies public of the General Administration of State, established in article 36 of the law 6/1997, of 14 April, organization and functioning of the General Administration of the State , which integrated the General Administration of the State abroad.


This structure and, in particular, its geographical distribution all over the world, involves a highly complex management developed by the Ministry of Foreign Affairs, so according to the achievement of a greater streamlining of management procedures, along with economic and territorial reasons, is convenient to redistribute the exercise of management functions between the various organs and institutions of the Department using the mechanism of the delegation of powers.


Whereas therefore necessary to delegate the exercise of competences in areas of personal, economic, recruitment and budgetary and management of public spending, in the option that gives me the article 13 of the law 30/1992, of 26 November, legal regime of public administrations and the procedure administrative common, article 20 of the Law 50/1997 27 November, the Government and of the additional provision thirteenth law 6/1997, of 14 April, organization and functioning of the General Administration of the State, I have: first-delegate to the Undersecretary of Foreign Affairs powers of a general nature: 1. personnel, the attributed to the Minister, as head of the Department, in paragraphs 5 to 10 of article 13 of law 6/1997 April 14, organization and functioning of the General Administration of the State.


2. the resolution of the administrative appeals and declarations of prejudicial effect.


3. the dispatch and resolution of many records and Affairs, anyone that is your nature, which are attributed to the head of the Department for legal or regulatory obligation are not delegates in other organs.


Second.-in the framework of the competence in matters of hiring and budgetary and financial management attributed to the holder of the Department by paragraphs 1, 2, 3 and 4 of article 13 of the law 6/1997, of 14 April, organization and functioning of the General Administration of the State, delegate to the Undersecretary of Foreign Affairs, in any case , and the Director General of the foreign service for less than 500.000,00 euro, the following expenses: 1. which attributed article 2 of Royal Decree 612/1997, of April 25, in relation to the imputation of obligations from periods prior to credits for the current period, as well as those necessary for the approval of the records of closed exercise of the different concepts.


2. the approval of records of changes to credit in cases in which it corresponds to the head of the Department, as well as authorization and referral of the proposals for modification of loans whose authorisation corresponds to the Minister of finance.


3 which credited the Royal Decree legislative 2/2000, of 16 June, which approves the revised text of the law of contracts of the public administrations, as well as the conclusion and signature of any other contracts and agreements.


4. the administration of appropriations for expenditure in the budgets of the Department including the contraction of financial obligations in the name or on behalf of the Department.


5. the authorization and expenditures of the Department, with the consequent hiring faculty and disposition of an undertaking, as well as the interest to the Ministry of finance management of payments.


6. with regard to expenditure the payment of which is made using the advance of fixed box and payments systems to justify, authorising the payment and the approval of the support accounts of fulfilled obligations.


7. to request from the Ministry of finance involvement or lease of real estate necessary for the fulfilment of the purposes of the services in charge.


8. the award of grants or public subsidies.


Third.-under said recruitment and budgetary and financial management skills attributed to the holder of the Department by paragraphs 1, 2, 3 and 4 of article 13 of the law 6/1997, of 14 April, organization and functioning of the General Administration of the State, delegate to the Secretaries of State for Foreign Affairs European Affairs and international cooperation and for Ibero-America and in the General Secretaries of Foreign Affairs and European Affairs, for costs inferior to EUR 1.000.000,00, and always with respect to their respective fields of action, the following: 1. the approval of records of changes to credit in cases in which it corresponds to the head of the Department as well as the authorization and referral of the proposals for modification of loans whose authorisation corresponds to the Minister of finance.


2. with regard to expenditure the payment of which is made using the systems in advance of the box set and payments to justify the amount of which exceeds the 300,000.00 euros, authorising the payment and approval of support accounts of fulfilled obligations.


3. request of the Ministry of finance involvement or lease of real estate necessary for the fulfilment of the purposes of the services in charge.


Cuarto.-Sin subject to the provisions of the preceding paragraphs, for amounts less than 300,000.00 euros, delegated the competences related to the authorization of expenditures as well as the management of payments made by the system of advance payments of fixed box to justify in organs of the Department: to) for acts and decisions rendered in Spain, in the General Secretaries , Directors-General, Assistant Directors General and Assistant Directors General Deputy Department and, within their respective sphere of competence.


(b) for those acts and decisions handed down abroad, the heads, and those who address them in the exercise of its functions, the diplomatic missions, permanent or special, representations or permanent missions, delegations, consular offices and institutions and public bodies of the General State administration, laid down in article 36 of Act 6/1997 April 14, organization and functioning of the General Administration of the State dependent on the Ministry of Foreign Affairs, with the following limitations: (i) may only exercise within the geographical scope of its competence.


(ii) they shall exercise within the budgetary limits of the appropriations and in conditions which, in addition to the legally valid, may be established for each type of expenditure through the specific internal regulations of the Department.


(iii) be limited to expenses and payments which are not subject to prior intervention as determined pursuant to article 95 of the revised text of the General Law on budgetary or of being subjected to this process, a time that the adoption of the corresponding record, has carried out after its audit in accordance.


(iv) in the case of assistance to nationals abroad and repatriation, only they may exercise upon the strict fulfilment of the conditions specified in the regulations for each type of aid.


Fifth.-Approves the delegation by Deputy Minister of Foreign Affairs of the competences related to the designation of compensation which are regulated in the Royal Decree 462/2002, of 24 may, on compensation by reason of service in the following organs of the Department: 1. in the Secretary-General of Foreign Affairs, with respect to the staff in the Ministry of Foreign Affairs.


2. in the Secretary-General of European Affairs, with regard to the staff in the Secretariat of State, European Affairs and the permanent representation of Spain to the European Union, in Brussels.


3. at the Deputy Director General Head of Cabinet of the Secretary of State for international cooperation and for Latin America, with regard to the staff in the Secretariat of State.


4. on the General Director of the foreign service, with regard to the staff of the Department not covered above.


Sixth.-delegation of powers referred to in the present order is understood notwithstanding that, at any time, the delegating body avoque to the exercise of those.


Seventh.-acts or resolutions issued on exercise of the delegations set out in this order shall contain expressly this circumstance, stating the date and the number of the Official Gazette for publication, being dictated by the delegating authority.


Eighth.-it is repealed the order of 11 March 1998, by which the delegation of powers of the Minister are available in terms of personnel, procurement and budgeting and public spending.


Ninth.-this order shall enter into force the day after its publication in the "official bulletin of the State".


Madrid, 23 March 2003.


PALACIO VALLELERSUNDI

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