JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

I

recent times, the international dimension of the State's actions has taken an unprecedented role. The reason for this is that in a globalized and interdependent world such as the current one, the way to conduct the foreign policy of a state directly and immediately affects the lives and interests of its citizens. In addition, at European level, an ambitious process of supranational integration has been developed in which the Member States have attributed to the European Union the exercise of such a wide range of powers as national and regional action. international are closely intertwined.

For Spain, the approval of the Constitution of 1978 was a momentous change that has had a great impact on the Foreign Action of our country. It has allowed the incorporation of Spain into forums for which for a long time we were excluded, especially the European Union, the Council of Europe and the Atlantic Alliance, at the same time as the creation of the Community. Ibero-American Nations. It has also led to the establishment of new dimensions of External Action, such as international development cooperation. And all this is based on the firm commitment to the fundamental values that inspire relations within the international community, in particular the values of human dignity, freedom, the rule of law, human rights, solidarity, the promotion of peace, respect for international law and commitment to multilateralism.

addition, the 1978 Constitution created the legal framework necessary for the recognition of various subjects, including the Autonomous Communities through their respective Statutes of Autonomy, of competences in the field of External action, both in the field of the European Union and in that of the External Action in its own sense. This has led to a great deal of internal and external enrichment for Spain, but it also entails the correlative need for coordination to ensure a harmonious coexistence between the External Action and the Foreign Policy. part of the government.

II

In this context, the Law of Action and the State's Foreign Service is conceived as a flexible instrument that pays priority to five fundamental requirements.

First, it is necessary to affirm and promote the values and interests of Spain in order to strengthen its international presence and strengthen its image in the world.

Secondly, it is important to consolidate and strengthen the credibility of Spain abroad because, as a result of globalization and the exponential growth of international economic relations, This credibility is of undoubted importance for increasing the export of goods and services, attracting capital with which to finance our economy and facilitating the implementation and expansion of our businesses.

Third, it is important to strengthen our participation in the process of European integration and to articulate a foreign action that is harmonious with the European Union's common foreign and security policy, as well as with the the purpose of the European External Action Service.

In the fourth place, it is essential to achieve adequate coordination of the Spanish Foreign Action with that of the States that make up the Ibero-American Community of Nations. This genuine dimension of Spain, derived from the history and cultural and linguistic affinity, of which Spanish as a common language is a substantive part, is an indispensable commitment for Spain.

And finally, it is necessary to guarantee adequate assistance and protection for Spaniards and to support Spanish citizens and Spanish companies abroad.

From this conception, the law establishes seven guiding principles of the State's External Action: unity of action abroad; institutional loyalty and coordination; planning; efficiency; effectiveness and specialization; transparency; and service to the general interest.

On these principles, the law reaffirms the competence of the government in its role as foreign policy management, and its powers of coordination of foreign action. Revitalizes the Foreign Policy Council and its Executive Council, which it is responsible to ensure that the State's Foreign Action is developed in accordance with the principles and objectives of the Foreign Policy and conforms to the guidelines fixed by the Government through the adequacy of the means to the objectives. It establishes, since it recognizes all the actors abroad, instruments of planning, monitoring and coordination that ensure that the External Action is integrated and there is a full connection between it and the Foreign Policy. And finally, it conceives the Foreign Service of the State as the fundamental instrument for the implementation of the Foreign Policy and Action by bringing together all the organs of the General Administration of the State acting abroad and define the Permanent Representatives and Ambassadors to International Organisations as management bodies to which the management and coordination of all of them are responsible.

All of this is logically vertebrae in the constitutional framework, in particular on the basis of the competence of Article 149.1.3. of the Constitution, which attributes exclusive competence to the State in matters of international relations, Article 149.1.18, which confers exclusive jurisdiction on the basis of the legal system of public administrations and the statutory regime of civil servants, and Article 97 which gives the Government, in addition, the foreign policy direction.

III

The law is structured in four titles. The starting point is a preliminary title in which the general provisions on the object and definitions of the law and the principles that inspire it are collected, with a clear difference between Foreign Policy and State External Action. The aim is to provide the latter with internal unity and coherence, beyond the sum of the sectoral actions; to plan it, to ensure its effectiveness and efficiency, to recognise the necessary specialisation in its implementation; and to put it at the service of the General interests of Spain, as a result of a shared and shared vision on what is of interest to Spain.

Title I regulates the subjects and areas of the State's External Action. Its provisions stem from the recognition of the existence of a multiplicity of subjects who, without powers in foreign policy, develop a very intense External Action, in the exercise of their own powers, and must be subject to the guidelines, purposes and objectives set by the Government in the exercise in turn of its exclusive competence for the direction of the State's Foreign Policy. With respect to the subjects, among which it is not possible to forget for their relevant role to the Crown, the law collects the mention of those competences and functions that are closely related to the State's External Action. As a novelty, the law establishes a system of information and communication of the actions abroad and of the trips and visits to the exterior that pursues a dual purpose: that the government facilitates the subjects of the External Action support in its implementation; and, as far as the constitutional bodies and public administrations are concerned, that it may issue reasoned recommendations regarding the adequacy of these actions to the guidelines, purposes and objectives of the Foreign Policy.

Likewise, in this title they are related and describe, without encouragement to constitute a closed and immutable list, the areas of the Exterior Action understood as those that, because of their singular importance, must be cared for and " It counts for the formulation of a Foreign Policy whose ultimate objective is the defense and promotion of the values and interests of Spain, the progress and the sustainable growth and the well-being of the Spanish population with special emphasis on the promotion of equality between men and women and the eradication of gender-based violence, highlighting the care and protection of Spanish women victims of gender-based violence and their children and daughters abroad.

In Title II, the instruments for the planning, monitoring and coordination of External Action are regulated. The first is the Strategy and the External Action Report, both of which are subject to approval by the Government, which is jointly developed by all the ministerial departments and is supplemented by the contributions of the Constitutional, Autonomous Communities and Cities and the entities that make up the Local Administration.

In the elaboration of the Strategy for External Action, the value of all our intangible assets to civil societies and non-governmental actors in the international arena is essential. The promotion of the image of Spain abroad is an inexcusable task.

As far as coordination is concerned, the law pays particular attention to a key body for the achievement of its objectives, the Council of Foreign Policy, an advisory body of the President of the Government in its task of Foreign Policy leadership, which is configured as the main guarantor of the internal coherence of the State's External Action and the full coordination between Foreign Action and Foreign Policy.

This collegiate body also acquires an essential role through its Executive Council to which it is responsible for formulating proposals on the adequacy and best management of human, budgetary and material resources. Foreign Service, for the fulfilment of the aims and objectives set out in the External Action Strategy. In other words, he knows how and where the deployment of our Foreign Service should take place to better serve the general interests of Spain.

Title III is dedicated to the new configuration of the organization of the General Administration of the State abroad: the Foreign Service of the State, already mentioned in Royal Decree 632/1987, of 8 May, on the organization of the State Administration abroad which pursues the unity of action of all the organs of the General Administration of the State abroad. To this end, the functions of the Mission and the Coordination of the External Action and the Foreign Service are guaranteed, as already Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State Ambassadors and Permanent Representatives in their status as governing bodies abroad, while recognizing the need and importance of the incorporation of specialized knowledge into the State's External Action.

As a novelty, the law establishes the basis for the Executive Council of Foreign Policy to recommend the adoption of integrated management measures in the Diplomatic Missions through the establishment, where it is considered. necessary or appropriate, of a Section of Common Services which also provides for a more efficient use of human resources and public materials.

In this title new concepts and new forms of diplomacy and representation are also introduced, taking advantage of the potential offered by the deployment of the European External Action Service and its delegations abroad or by agreeing with the Member States of the Ibero-American Community of Nations to set up joint sectoral offices in third States for the development of specific areas of External Action.

This model requires the Administration to strengthen the continuing training of officials who integrate the Foreign Service in new capacities that allow interdisciplinary and multi-sectoral work, as well as the full development of the managerial and technical skills of negotiation in the international context, and training in the knowledge and improvement of languages. To this end, the law configures the Diplomatic School and the ICEX Spain Export and Investments, through the Center for Economic and Commercial Studies, as training centers for Foreign Service officials.

Finally, the law closes with the corresponding additional, repeal, and final provisions.

IV

Finally, this law should be put in place in its just historical perspective, and it should be noted that it has a political and social consensus for its implementation.

In fact, this law enrolls in a rich historical trajectory, several times centuries old, of Spanish diplomacy, which sinks its last roots in the valuable contributions that the School of Salamanca made in the 16th century to the right and whose performance has always been developed with a whole vocation of public service. The genuine dimensions of our external action-the European, the Ibero-American and the Atlantic, as well as the Mediterranean-are certainly not in vain with the Spanish and Aragonese diplomacies, but it is also true of our vocation to universalism. This diplomatic history is certainly exceptional for its geographical magnitude, for its doctrinal political and legal production, for its institutions, means and people, as well as for its uses, directions and tasks. And it is legitimate to bring this huge and valuable legacy to collation, because, to a great extent, the conditions and categories, the people, the resources and the objectives of the External Action that regulates this law are incardinated in that history.

On the other hand, the news and changes that this law entails cannot be carried out alone by the government. An adequate and effective implementation of this law requires a basic agreement between the political forces, the Autonomous Communities, the Business and Trade Union Organizations, the world of culture and the collaboration of all Spanish society. Only in this way can a legal order really be transformed, designed at the time when the old borders between the States still exist to build another one adapted to the new imperatives of globalization.

PRELIMINARY TITLE

Article 1. Object and definitions.

1. This law aims to regulate the State's Foreign Action, to list its guiding principles, to identify the subjects and areas of the State, to establish the instruments for its planning, monitoring and coordination and to order the Foreign Service. of the State, to ensure the coordination and coherence of the set of actions that constitute it and its adequacy to the guidelines, purposes and objectives of the Foreign Policy.

2. For the purposes of this law it is understood by:

a) Foreign Policy: the set of decisions and actions of the Government in its relations with other actors of the international scene, with the aim of defining, promoting, developing and defending the values and interests of Spain in the outside.

b) State foreign action: the orderly set of actions that the constitutional bodies, public administrations and agencies, entities and institutions of which are dependent on them carry out abroad, in the exercise of their respective powers, developed in accordance with the principles laid down in this law and with compliance and compliance with the guidelines, objectives and objectives set by the Government in the exercise of its powers of Foreign Policy Management.

(c) State Foreign Service: the organs, administrative units and the human and material resources which, under the direction and coordination of the Government, execute and develop the Foreign Policy and the External Action of this, without prejudice to the competences of the various ministerial departments.

Article 2. Principles and objectives of Foreign Policy.

1. The Foreign Policy of Spain has as inspiring principles respect for human dignity, freedom, democracy, the rule of law and human rights. The Spanish Foreign Policy will defend and promote the respect and development of international law, in particular respect for the principles of the Charter of the United Nations. It will promote the projects of European construction and the Ibero-American Community of Nations, as well as multilateralism within the international community.

2. They are objectives of the Spanish Foreign Policy:

a) The maintenance and promotion of international peace and security;

b) The promotion of strong and legitimate multilateral institutions;

c) The promotion and consolidation of political systems based on the rule of law and on respect for fundamental rights and public freedoms;

d) The fight against poverty, solidarity with developing countries, and the economic and social development of all states;

e) Environmental protection and the protection of biodiversity, the fight against climate change and the concern for food security;

f) The elimination of weapons of mass destruction and chemical weapons and the assumption of an active commitment to progressive disarmament at the global level;

g) The construction of a more integrated and more legitimate Europe before its citizens, which is constituted as a global actor of reference;

h) Strengthening the Ibero-American Community of Nations;

i) The security and well-being of Spain and its citizens;

j) Assistance and protection for its citizens, as well as the protection of the economic interests of Spain abroad;

k) The promotion of the economic interests of Spain abroad.

Article 3. Guiding principles of State External Action.

1. The State's External Action, as an essential element for the implementation of the Foreign Policy, will be developed in the framework of the planning instruments regulated in this law, and will be subject to the principles, guidelines, objectives and objectives of the that policy.

2. The external action of the constitutional bodies, public administrations and bodies, entities and institutions of which they are dependent shall be governed by the following principles:

a) Unit of action on the outside. It is understood by unit of action abroad the ordination and coordination of the activities carried out abroad in order to guarantee the attainment of the objectives of the Foreign Policy of the Government and the best defense of the interests from Spain.

b) Institutional loyalty, coordination and cooperation. The activities carried out abroad by the subjects of the State's External Action will be carried out with respect to the exclusive competence of the State in the field of international relations and the guidelines, aims and objectives of the Foreign Government.

c) Planning. The priorities, objectives and actions of the State's External Action shall be established in the planning instruments to be adopted in accordance with the procedures laid down in this law.

d) Efficiency. The implementation of the State's External Action will take the necessary measures to ensure efficient use, rationalization and austerity in the use of public resources.

e) Effectiveness and specialization. In order to achieve the best adequacy of public resources to meet the objectives set, the State's External Action will incorporate specialized technical knowledge, both in its planning and in its management and implementation.

f) Transparency. Access to the information relating to the State's External Action shall be in accordance with the provisions of the implementing legislation.

g) Service to the general interest. The Action and the Foreign Service of the State will be oriented towards the provision of a quality public service and the defense of the interests and promotion of the image of Spain. They will also be directed to the assistance and protection of Spaniards, and to support for Spanish citizenship and Spanish companies abroad.

TITLE I

Subjects and scopes of External Action

CHAPTER I

Subject of State Foreign Action

Article 4. The Crown.

1. The King assumes the highest representation of Spain in its international relations, especially with the nations of its historical community and exercises the functions attributed to it by the Constitution, the laws and international treaties in which Spain is a part.

2. It is for the King to express the consent of the State to be bound internationally by means of treaties, in accordance with the Constitution and the Laws.

3. The King will accredit the Heads of the Diplomatic Missions of Spain and their permanent representatives to international organizations and will receive the credentials of the foreign diplomatic representatives.

Article 5. Subjects of State Exterior Action.

1. They are subject to the State's External Action, constitutional bodies, public administrations and administrative bodies, institutions and entities which, in the exercise of their own powers, act and project abroad.

2. The constitutional bodies, the Autonomous Communities, the Autonomous Cities, the entities that make up the Local Government and the bodies, entities and institutions of which are dependent shall keep the Ministry of Foreign Affairs informed. and the Cooperation of the proposals on travel, visits, exchanges and actions with external projection, so that this department can inform and, if necessary, issue reasoned recommendations on the adequacy of the proposal of action to the guidelines, objectives and objectives of the Foreign Policy set by the Government and the planning instruments established by this law.

This obligation of information in the field of Autonomous Communities and Autonomous Cities will comprise the travel, visits, exchanges and actions of its Presidents and members of its Governing Councils and will not be implementation in the case of actions in the field of the European Union and of travel or visits to its institutions.

The Ministry of Foreign Affairs and Cooperation will communicate to the Ministry of Finance and Public Administrations the information received from the Autonomous Communities and entities that make up the Local Administration.

3. The Ministry of Foreign Affairs and Cooperation shall provide the constitutional bodies, the public administrations and the bodies, entities and institutions referred to in the above paragraph with information and support for their projection. in the exercise of their respective powers, and in the framework of the guiding principles of the Foreign Policy and the State External Action.

4. The Ministers, the higher bodies of the ministerial departments and the officials of the bodies, entities and public institutions of which they are dependent, shall inform the Government of the activities carried out for the exercise of their activities. External, within its sphere of competence. They shall also inform the Ministry of Foreign Affairs and Cooperation of travel and visits abroad.

5. The Government will be able to seek the collaboration of all the subjects involved in the State's External Action for the development of specific missions and actions that contribute to the defense of the interests of the State abroad or the best compliance with the guidelines, purposes and objectives of the Foreign Policy.

Article 6. The Government.

1. The Government directs the Foreign Policy, authorizes the signing and provisional application of the international treaties, approves its signature "ad referendum", refers them to the General Courts and agrees to the manifestation of the consent of Spain to be bound by an international treaty.

2. The Government will approve the Foreign Action Strategy, the Annual Reports of External Action, the annual plans of external action for the promotion of the Spanish Brand, the Plan Director of Spanish Cooperation and the other instruments of planning to be considered necessary to define, promote, develop and defend the interests of Spain abroad.

3. It is for the President of the Government to direct the Government's action and to coordinate the functions of its members and, in particular, to determine the Foreign Policy guidelines and to ensure that they are complied with, in the development of the External Action of the Government. State. By virtue of its functions and without the need for plenipotency, the President of the Government represents Spain, in accordance with the Constitution and the current regulations, in all acts of celebration of international treaties, including the of the consent of Spain to be bound by them.

4. Ministers, as the heads of their departments, conduct and develop the State's External Action in their field of competence, in accordance with the guiding principles established by this law. For the development of their External Action they have the Foreign Service of the State and, in particular, of the technical bodies and administrative units abroad which they depend on, organically and functionally, without prejudice to the powers of address and coordination of the Head of the Diplomatic Mission or the respective Permanent Representation.

Ministers may represent the State in the acts of holding a treaty, with the exception of the manifestation of the consent of the State to be bound by it, by means of the appropriate plenipotency, granted by the State Minister for Foreign Affairs and Cooperation.

5. The Minister of Foreign Affairs and Cooperation, in the framework of the top leadership of the Government and its President, plans and executes the Foreign Policy of the State, and coordinates the Foreign Action and the Foreign Service of the State. Likewise, in accordance with the Constitution and the laws, it represents Spain in all acts of celebration of international treaties, including the manifestation of the consent of Spain to be bound by them.

Article 7. The General Courts.

1. The General Courts foster friendly relations and collaboration with the Parliamentary Assemblies and parliaments of other States, in accordance with the principles enshrined in this law.

2. The Government may request the collaboration of the General Courts for the performance of parliamentary missions and for participation in international parliamentary meetings, when it is advisable for the defence of interests of the State abroad, within the framework of the State's External Action, or for the best fulfilment of the guidelines, purposes and objectives of the Foreign Policy.

3. The Ombudsman, as a Spanish institution for the promotion and protection of human rights, develops collaboration and technical assistance relations with the national institutions of other States and facilitates Independent form of monitoring by international organisations regularly on the situation in Spain of human rights.

The Government will be able to seek the collaboration of the Ombudsman for missions to international human rights forums.

Article 8. The Armed Forces.

1. The Armed Forces are a basic pillar in the State's External Action, guarantee the security and defense of Spain and promote an international environment of peace and security.

2. The Government will agree to the participation of the Armed Forces in international missions, as part of the effort made in the State's Foreign Action, in accordance with the requirements and procedures established by the Organic Law 5/2005, 17 of November, National Defense.

Article 9. The State Security Forces and Corps.

1. The State Security Forces and Corps participate in the State's Foreign Action and, through international police cooperation, promote the maintenance of public security at the international level.

2. The Government will agree on the terms of the participation of the State Security Forces and Corps in international missions, in accordance with the provisions of the Organic Law 2/1986 of 13 March, of Forces and Security Corps, without prejudice to the of the powers conferred on other subjects of the State's External Action.

Article 10. The General Council of the Judiciary.

1. The General Council of the Judicial Branch will contribute to the improvement of international judicial and institutional cooperation and acts abroad, in the exercise of the powers conferred upon it by the international treaties in which Spain is a party. rules of the European Union and the laws, in the terms provided for in the Organic Law of the Judiciary and in accordance with the principles laid down in this law.

2. The Government may request the collaboration of the General Council of the Judiciary to carry out missions of collaboration with other judicial powers or to participate in international meetings, when it is advisable for the defense of the interests of the State abroad, within the framework of the State's External Action, or for the best fulfilment of the guidelines, purposes and objectives of the Foreign Policy.

Article 11. The Autonomous Communities and entities that integrate the Local Administration.

1. The activities of the Autonomous Communities, the Autonomous Cities and the entities that make up the Local Administration can be carried out abroad within the framework of the powers conferred upon them by the Constitution, by the Statutes of Autonomy and laws shall respect the principles laid down in this law and shall be in accordance with the guidelines, purposes and objectives of the Foreign Policy set by the Government.

2. Those activities of the Autonomous Communities and Cities shall also be in accordance with the instruments of the planning of the External Action, drawn up and approved in accordance with the provisions of this law and established by the State in the exercise of its powers. of their powers of coordination in this field, when they define guidelines for the actions of the State's Foreign Policy or are inserted in the field of international relations of Spain.

The entities that make up the Local Administration will be subject to the instruments of external action planning that determine their respective Autonomous Communities.

3. The actions to be carried out in the exercise of the External Action shall in no case involve the assumption of the representation of the State abroad, the conclusion of international treaties with other States or organizations. international, the generation, direct or indirect, of obligations or responsibilities internationally required of the State, nor to affect or harm the Foreign Policy directed by the Government. It is in any case appropriate for the Government to establish the measures and guidelines to regulate and coordinate the activities outside the Autonomous Communities and Autonomous Cities in order to ensure compliance with the provisions of this Agreement. law.

4. The Autonomous Communities, the Autonomous Cities and the entities that make up the Local Administration will be able to conclude administrative international agreements in the implementation and implementation of an international treaty when the treaty itself so provides. give them authority to do so and to look at matters within their competence. They may also conclude non-regulatory agreements with the like bodies of other subjects of international law, which are not legally binding on those who subscribe to them, on matters falling within their competence.

The Ministry of Foreign Affairs and Cooperation shall report on the basis of prior and in accordance with the provisions of the State legislation governing its conclusion, the international administrative agreements and non-regulatory agreements. These administrations intend to hold with authorities or administrative bodies of a subject of international law. To this end, it shall seek the report of the ministerial departments responsible for the matter and, in any case, the Ministry of Finance and Public Administrations.

Article 12. From the Offices of the Autonomous Communities and Cities abroad.

1. The Autonomous Communities and the Autonomous Cities shall inform the Government of the establishment of offices for their external promotion, prior to their opening. The Ministry of Foreign Affairs and Cooperation shall report on the proposal, in accordance with the guidelines, objectives and objectives of the Foreign Policy, the External Action Strategy and, in particular, the principle of unity of action in the outside.

2. The Ministry of Finance and Public Administrations shall report this proposal in accordance with the principle of efficiency in the management of public resources, as well as from the perspective of their adequacy to the competition order.

3. In the case of offices dedicated to commercial promotion, the report of the Ministry of Economy and Competitiveness will also be sought.

4. The Government shall encourage the installation of these offices within the premises of the State's Foreign Service, where the availability of space for that Service so permits, without in any case the installation of such a service or its integration. in the State's Foreign Service, or the application to those offices of international law, in particular the collection at the Vienna Conventions on diplomatic and consular relations.

Article 13. Public bodies, state societies, foundations and consort entities.

1. Public bodies, State-owned companies, public foundations and conciorated entities and any other entities linked or dependent on public administrations shall act abroad in the exercise of their respective powers. functions and powers, in accordance with the principles laid down in this law and subject to the guidelines, objectives and objectives of the Foreign Policy set by the Government and the instruments for the planning of the External Action approved in accordance with the provisions of this law.

2. The entities referred to in the previous paragraph, linked or dependent on the General Administration of the State, shall provide information to the ministry of which they are dependent or to whom they are attached, on their actions abroad, aims and objectives of the same, adaptation to the guidelines and planning documents and results obtained, which will be incorporated into the reports that are periodically drawn up on State External Action, in accordance with the regulations in effect.

CHAPTER II

Areas of State Exterior Action

Article 14. Areas of State Foreign Action and its relationship with Foreign Policy.

1. The Government, through the Ministry of Foreign Affairs and Cooperation, by virtue of the powers conferred upon it by this law and in the manner provided for in the planning instruments regulated by it, shall ensure that the External Action in its different areas, including those listed in Articles 15 to 32 of this Law, should preferably be directed to areas or States which are considered to be a priority for the fulfilment of the objectives of Foreign Policy.

You may also urge the actions of the organs, subjects and actors in any other areas you deem appropriate to achieve the purposes of the Foreign Policy.

2. The various ministerial departments shall participate in one or more areas of the State's External Action in the light of the powers conferred upon them by the respective rules of organic structure.

3. The Government will inform the Autonomous Communities of their initiatives and proposals when they affect their competences, and those will be able to request from the organs of the Foreign Service of the State the necessary support to the autonomous initiatives in the field. of their competencies.

4. The Autonomous Communities shall participate in the elaboration and implementation of the External Action in the field of the European Union through the existing cooperation mechanisms, in particular through the Conference on matters related to the European Union.

Article 15. External action in the field of defence.

1. The actions of the Armed Forces in the international arena will be framed in the joint State Exterior Action, as an essential element to guarantee the security and defense of Spain and to contribute to the international projection of Spain and the maintenance of international peace and security.

2. The State's Foreign Action in the field of defense shall be governed in accordance with the provisions of the Organic Law 5/2005 of 17 November of the National Defense and its implementing legislation.

Article 16. Foreign action in the field of human rights.

1. The Foreign Action on Human Rights will promote the extension, recognition and effective implementation of the fundamental principles defended by the international community of democratic states and recognized in the Constitution itself. Spanish, in the Universal Declaration of Human Rights and in the other pacts and treaties ratified by Spain in this field, in particular the Human Rights Guidelines of the European Union.

2. It will also promote international cooperation in the field of defense and human rights guarantees, and will have the work of projecting the constitutional bodies outside the country.

Article 17. External action in tax matters.

1. The External Action on Taxation and Customs will aim to facilitate compliance with tax and customs obligations and the fight against tax evasion and evasion by extending the network of conventions to avoid double taxation. taxation and arrangements for the effective exchange of information, as well as the extension and improvement of cooperation instruments enabling mutual assistance in tax matters in all areas.

2. The strengthening of international cooperation in the fight against tax evasion and fraud will also constitute a specific principle in the field of taxation of external action, actively participating in institutions and forums.

3. Technical assistance and specialised training will also be promoted through specific agreements with other States and international organisations, and an appropriate presence will be pursued in the latter.

Article 18. Foreign action in the field of justice.

1. The External Action on Justice will be aimed at promoting international legal cooperation, particularly in the judicial field, and the holding and updating of international agreements.

2. It will also focus on training and strengthening the Spanish position vis-à-vis international institutions and the European Union in the field of justice and public freedoms.

Article 19. External action in the field of public security and internal affairs.

1. The External Action in the field of public security and internal affairs will be developed through international police cooperation, an essential element for the prevention and fight against all forms of transnational organised crime and the The European Council, the European Parliament, the European Parliament, the European Parliament and the Council of the European Union. It shall also aim at cooperation with third States in the field of training and technical assistance in the field of prisons, civil protection, road safety and support policies for victims of terrorism.

2. The External Action in the field of public security and other internal affairs shall be directed towards the formation and strengthening of the position of Spain vis-à-vis the European Union and international organisations, without prejudice to the powers conferred on it. other subjects of the State's Foreign Action and, where appropriate, in coordination with them.

Article 20. External action in economic, commercial, financial and support to the internationalization of the Spanish economy.

The External Action in economic, commercial, financial and support to the internationalization of the company will consist in the execution in the exterior of the politics of the government in economic matter, of reforms for the improvement the competitiveness and financial sector, which also includes actions relating to international financial institutions, as well as actions aimed at the internationalisation of the Spanish enterprise and economy.

Article 21. External action in the field of research, development and innovation.

External Action in the field of scientific research, technological development and innovation will promote the participation of public and private bodies in scientific, technological or innovation programmes and projects. International, knowledge networks and especially in the initiatives promoted by the European Union. It will also promote the mobility of research staff and the presence in international or foreign institutions linked to scientific and technical research and innovation.

Article 22. External action on employment and social security.

1. External action in the field of employment and social security shall be directed towards the development of actions relating to employment, industrial relations and the social security system which promote exchanges, cooperation and information in the field of social security. these matters, as well as the attention of Spanish workers and Spanish companies abroad.

2. The planning of the External Action in the field of employment and social security will take into account the initiatives and measures that will be promoted within the framework of the European Union and from the International Labour Organization and other organizations. (i) international cooperation and the specific understanding of exchanges in these matters and the mobility of experts.

Article 23. External action on migration and immigration.

1. The External Action on Migration will ensure in particular the safeguarding of the economic and social rights of Spanish workers abroad and will guide their policy to facilitate their return.

2. The External Action on Immigration will be directed towards the management of migration flows to Spain and to strengthen the fight against irregular immigration.

Article 24. External action in the field of development cooperation.

The External Action on Development Cooperation will be aimed at contributing to the eradication of poverty, sustainable human development and the full exercise of rights through the consolidation of the democratic processes and the rule of law, the reduction of inequalities, the promotion of social cohesion systems, the promotion of women's rights and gender equality; giving a quality response to crises humanitarian.

Article 25. External action in cultural matters.

1. The external cultural action will aim to promote the various manifestations of Spanish culture, to promote the internationalization of cultural industries, and to cooperate and to promote cultural exchanges and knowledge of Spain.

2. External cultural action will address the objectives set out in cultural policy and take into account the commitments arising from the European strategies, the goals established in the Ibero-American and UNESCO. The planning of the sectoral and geographical priorities of external cultural action will be incorporated into the mechanisms of cultural exchange and mobility of experts.

3. The External Action in the field of culture will facilitate the defense, promotion and dissemination of the cultures of the nationalities and regions that make up the Spanish nation, within the framework provided for in article 149.2 of the Spanish Constitution.

Article 26. External action in education.

1. The External Action in education will be directed to the promotion and dissemination of Spanish and other Spanish languages, as well as to the promotion and organization of:

(a) Teaching courses corresponding to non-university levels of the Spanish education system.

b) Mixed curricula of contents of the Spanish education system and of the other educational systems themselves.

c) Supporting programs in the framework of foreign educational systems for the teaching of Spanish language and culture.

d) Programs to support exchanges in the field of education.

e) The non-regulated teaching of Spanish and other Spanish languages, their assessment and certification.

f) In general, how many measures can contribute to making it easier for Spaniards to access education abroad and to enhance the projection of Spanish education and culture abroad.

2. In addition, the Foreign Action in education will collaborate with the internationalization strategies of the Spanish universities.

3. The educational action abroad will be in accordance with the objectives set out in the educational policy, the commitments that are derived from the European strategies and the goals established in the Ibero-American sphere.

4. All educational programmes abroad, as well as the mechanisms for educational exchange and mobility of teachers and students, will be included in the planning of the external educational action in a specific way.

Article 27. External action in the field of sport.

1. The External Action in Sport will be directed especially to:

a) Encourage institutional exchanges, sponsorship and sports sponsorship, research and technological development applied to the sport and internationalization of our sports industry.

b) Promote international cooperation, with particular attention to the training of specialists and sports experts, to the fight against doping, against violence, racism, xenophobia and intolerance in sport.

c) Cooperate in maintaining security at sports shows.

2. It will also contribute to the development of the Olympic and Paralympic movement and the dissemination of Olympic ideals.

Article 28. External action in the field of tourism.

1. The External Action in the field of tourism will be directed to the promotion of the image of Spain as a tourist destination and to the planning, development, execution and monitoring of activities of promotional character of the Spanish tourism sector in the international markets, as well as support for the marketing of Spanish tourist products abroad.

2. This action will also include the exercise of international tourism relations, both on a bilateral basis and with international multilateral tourism organisations, and the promotion of tourism cooperation.

3. The External Action on Tourism will include assistance and information to Spanish tourism entities and companies in their international activities and support for their deployment abroad.

4. It will contribute in particular to the spread abroad of the image of Spain as the tourist action is a decisive aspect in it.

Article 29. External action in agriculture, food, fisheries and the environment.

External action in agriculture, food, fisheries and the environment will be directed towards the promotion of Spanish agro-food and fisheries products and services, the opening of new markets for Spanish and the removal of trade or health barriers to them, in line with the objectives set out in the agri-food and fisheries policy and the commitments which, where appropriate, result from the strategies of the European Union, as well as the promotion of international action in the field of the environment and products and services Spanish environmental.

Article 30. External action on climate change.

1. The External Action on Climate Change will promote the conclusion of international treaties and the adoption of international regulations that will lead to a global commitment; it will promote sustainable productive and energy models that will allow address the consequences of this phenomenon, the generation of sustainable energy models, more efficient uses of energy and the protection of plant ecosystems.

2. Exchanges, international cooperation as well as specialized technical assistance to other States will also be encouraged for the development of the necessary regulatory instruments and the awareness of populations in the global struggle. against climate change.

Article 31. External action in the field of health.

1. The External Action on Health shall be directed to the protection of the health of citizens against cross-border health risks of human, animal, food, environmental or other sources; collaboration in the field of health care International cooperation in the field of external health; cooperation in the prevention and promotion of the health of citizens and cooperation in research and innovation in the field of health and training.

2. The planning of the External Action on Health shall take into account the initiatives and commitments arising from the strategies to be promoted within the framework of the European Union and from the World Health Organisation and other organisations. and promote the Spanish presence in the health forums of these institutions, as well as the promotion of international treaties, and the activities of international cooperation and mobility of experts.

Article 32. External action in the field of energy.

1. The External Energy Action will focus on the direction, coordination and management of international energy issues and processes of a regional and global nature, as well as participation in activities arising from membership. of Spain to international organizations and in the light of international relations both bilateral and multilateral in the field of energy policy. In this respect, particular attention will be given to the promotion and development of all activities necessary for the implementation of international commitments and international cooperation and technical assistance programmes undertaken in the These matters and their monitoring.

2. It will also promote international cooperation with the aim of improving the competitiveness of the sector, ensuring security of supply, and opening up new markets. This cooperation will therefore focus on developing and promoting actions aimed at improving the maintenance of multilateral and bilateral relations, both with the main energy supplier states and with those of the Member States. Key States to promote the internationalisation of Spanish companies present in the energy sector.

Article 33. External action on infrastructure, transport and housing.

The External Action in the field of infrastructure and transport will be oriented to improve the current levels of security, to strengthen the connectivity of Spain with the outside, to increase the efficiency and sustainability in the different modes of transport, and the internationalisation of companies in the infrastructure, transport and construction sectors. The External Action shall be in accordance with the commitments arising from the common transport policy of the European Union, the bilateral instruments, as well as the agreements of the international organisations of which Spain is a party.

TITLE II

Planning, tracking, and coordinating External Action

Article 34. Planning and monitoring of External Action.

1. The planning and follow-up of the State's External Action will be carried out through the External Action Strategy and the External Action Report.

2. In the process of drawing up both instruments, the constitutional bodies, public administrations and bodies and institutions of which they are dependent shall participate in the terms provided for in the following Article: act on the outside.

Article 35. The External Action Strategy.

1. The External Action Strategy shall contain the orderly, sectoral and geographical expression of the medium-term priorities and objectives of the External Action, and includes the set of actions of the bodies, bodies and public entities in the External consistency of the internal consistency.

2. The External Action Strategy is drawn up at the initiative of the Ministry of Foreign Affairs and Cooperation, together with all the ministerial departments. The External Action Strategy will integrate the proposals of all of them, based on the guidelines, purposes and objectives of the Foreign Policy set by the Government.

3. The Ministry of Foreign Affairs and Cooperation shall also seek and integrate, where appropriate, proposals for the external action of the constitutional bodies, the Autonomous Communities and Cities and the Local Entities. The non-integration of the proposals of the bodies and entities referred to in the preceding paragraph shall be motivated and founded on the adequacy of the guidelines, purposes and objectives of the Foreign Policy set by the Government.

4. The External Action Strategy is approved by the Council of Ministers, at the initiative of the Minister for Foreign Affairs and Cooperation, after a report by the Foreign Policy Council, and will be valid for four years. The Government may approve it for a period of lower validity, where circumstances are present as necessary or as appropriate.

5. Prior to its approval, the Government will forward the Foreign Action Strategy to the General Courts for their knowledge and debate. The Minister for Foreign Affairs and Cooperation shall appear at least once a year in each of the two Chambers to take stock of the implementation of the External Action Strategy.

Article 36. From the promotion of the image of Spain and the information action abroad.

1. In the process of drawing up the Strategy for External Action, the Presidency of the Government and the Ministries of the Presidency and of Foreign Affairs and Cooperation will ensure that the necessary measures are integrated in all the Member States. sectoral areas, for the promotion of the image of Spain abroad.

2. For these purposes, it shall be collected from all bodies, administrations, bodies and entities involved in the preparation of the External Action Strategy for a proposal defining the means, actions, instruments and tools, In particular, public diplomacy, which they consider appropriate for the promotion of Spain abroad. The bodies, agencies and entities, which are organically and functionally dependent and attached to the ministerial departments, will present their proposals through them.

3. In the plans of External Action for the promotion of the Spanish Brand approved by the Government the forecasts contained in the Strategy will be developed, through concrete actions, objectives, indicators and measures of monitoring and evaluation.

4. The diplomatic missions will provide the necessary elements for the preparation of the Annual Plans. To this end, they will take into account the opinion and contributions of the Councils of Residents abroad, with particular reference to the perception of Spain and the cultural, sociological and political singularities that must be taken into account actions for the promotion of Spain in its respective geographical scope of action. In this sense, they will foster public-private collaboration and the participation of companies.

5. The Ministry of the Presidency, in the exercise of its powers, will coordinate the external information action of the Government, the information services of the State Foreign Service and the international information coverage of the activity. government, without prejudice to the powers conferred on the Ministry of Foreign Affairs and Cooperation on the promotion of the external image of Spain.

Article 37. The Annual Foreign Action Report.

1. The External Action Annual Report shall take account of the implementation of the External Action Strategy, the actions taken, the objectives achieved and the resources applied to it. It shall be drawn up at the initiative of the Ministry of Foreign Affairs and Cooperation, jointly by all the ministerial departments, and with the participation of the bodies and public entities dependent on the General Administration of the State. act abroad, as well as Autonomous Communities and Cities and Local Entities.

2. In addition, the Annual Reports will give an account of the necessary modifications and adjustments of the priorities and objectives contained in the Strategy for External Action, which have to be carried out due to circumstances that have been overcome and changes in the international context.

3. The Annual Report of External Action will be approved by the Council of Ministers ' Agreement and published in the "Official State Gazette", on the proposal of the Minister of Foreign Affairs and Cooperation, after a report by the Foreign Policy Council. It will also be forwarded to the General Courts for their knowledge.

Article 38. The Foreign Policy Council.

1. The Foreign Policy Council is the collegial organ of support and advice to the President of the Government in the performance of its function of direction and coordination of Foreign Policy.

2. The Foreign Policy Council exercises the powers conferred upon it by this law and in particular to advise the President of the Government in the exercise of its competence to ensure that the State's Foreign Action is developed compliance with the principles set out in this law, and subject to the guidelines, purposes and objectives of Foreign Policy set by the Government and to the provisions of the planning instruments approved in accordance with this law.

3. Likewise, and in the manner set out in the following article, the Foreign Policy Council will advise the President of the Government on the management of the State's Foreign Service media.

Article 39. The Executive Council for Foreign Policy.

1. The Executive Council of Foreign Policy is the collegiate body formed within the Council of Foreign Policy for the proper exercise of its powers to which it is responsible to execute the tasks assigned to it. In particular, it will be able to promote the development of plans for the management of the human, budgetary and material resources that make up the State's Foreign Service, which guarantee a better allocation of public resources, in accordance with the principle of efficiency and efficiency, and shall require the competent bodies in each case for approval.

2. Every two years, or at any time, when the causes of overcomes or changes in the external context warrant it, at the initiative of the ministerial departments, the Executive Council of Foreign Policy will draft a report, which will raise the Foreign Policy Council to advise the President of the Government on the adequacy of the deployment and structure of diplomatic missions, permanent representations and Consular Offices, in order to make the Service more effective External, in compliance with the guidelines, objectives and objectives of Foreign and Security Policy the maximum efficiency in the allocation and use of public resources, in the framework of the State's External Action Strategy.

Article 40. Consular emergency group.

1. In order to ensure the assistance and protection afforded to Spanish citizens abroad, the Foreign Policy Council shall constitute a consular emergency group, chaired by the Minister for Foreign Affairs and Cooperation, at the time of the meeting. there is a situation of war, security, natural disaster, health or food emergency or any other type of crisis, which requires the coordination of different organs and agencies of the General Administration of the State.

This group will be constituted when the situation affecting the Spanish abroad is not being studied or managed by any other group or commission with specific competences in the field. A representative of the Secretariat of the State of Communication shall be integrated into that group.

2. The group shall make appropriate recommendations to the President of the Government on measures and actions deemed necessary or appropriate to provide assistance and protection to the Spaniards concerned.

3. Where the Government, in a situation of consular emergency, decides to intervene in foreign assistance operations, which involve the use of State budgetary resources, it may require the reimbursement of all or part of the to those who have voluntarily exposed themselves to risks on which the Ministry of Foreign Affairs and Cooperation reports on their travel advice, published and updated on time, in relation to security conditions in the different States and regions of the world.

TITLE III

From the General Administration of the State Abroad: The State's Foreign Service

Article 41. From the State Foreign Service.

1. The State's Foreign Service is integrated by the organs, administrative units, institutions and human and material resources of the General Administration of the State acting abroad, under the hierarchical dependence of the Ambassador and functional of the respective ministerial departments, and without prejudice to the provisions of Article 45.4.

2. It is up to the State's Foreign Service to provide elements of analysis and assessment necessary for the Government to formulate and implement its Foreign Policy, to develop its External Action, and to coordinate that of all the subjects of the Foreign Action of the State mentioned in article 5 of this law; as well as promote and defend the interests of Spain abroad.

3. It is also up to you to provide assistance and protection and to facilitate the exercise of your rights to the Spanish abroad, to provide assistance to Spanish companies abroad, as well as to exercise all those powers conferred on you. this law and the rules in force.

4. In the performance of its duties, the Foreign Service of the State shall act in accordance with the rules of Spanish domestic law, the right of the European Union, international law and with respect to the laws of foreign States in which acts.

5. With regard to the peculiarities of the international arena in which it is primarily active, specific rules may be laid down for the State's External Service in the field of personnel management, administration and economic management, public procurement, information security, defence in the judgment of the State abroad and any other necessary for the exercise of its functions.

CHAPTER I

Organization of the State Foreign Service

Article 42. Permanent Diplomatic Missions and Permanent Representation to the European Union and other international organisations.

1. The Permanent Diplomatic Missions represent Spain with one or more States with which it has established diplomatic relations. When a Mission represents Spain to several States it will do so under multiple accreditation and with residence in one of them.

2. The Permanent Representations represent Spain with this character before the European Union or an International Organization. They will have the character of Observation Representations when Spain is not part of the organization to which they are accredited.

3. Diplomatic Missions and Permanent Representations shall carry out all the tasks assigned to them by the laws in force, the general international law and international treaties of which Spain is a party and the rules applicable to the Union European or the international organisation to which the Representation is accredited.

4. In particular, it corresponds to Permanent Diplomatic Missions:

a) Represent Spain to the receiving State.

b) Protect the interests of Spain and its nationals within the limits permitted by international law in the receiving State. In those States where there are no Consular Offices, or in cities other than where the Diplomatic Mission is located, the consular functions shall be exercised by the Diplomatic Mission through its consular section.

c) Negotiate with the Government of the receiving State.

(d) To be informed of the conditions and developments in the receiving State and to transfer this information to the Spanish Government.

e) Foster friendly relations and develop relations with the receiving State in all areas of External Action.

f) Cooperate with the European Union's external representation bodies in the identification, advocacy and promotion of the interests and objectives of its External Action.

5. The creation and abolition of the Permanent Diplomatic Missions and Permanent Representations will be carried out by royal decree of the Council of Ministers, at the initiative of the Ministry of Foreign Affairs and Cooperation, and on a proposal from the Ministry of Foreign Affairs of Finance and Public Administrations, prior to the report of the Executive Council of Foreign Policy.

6. The creation and deletion of the specialized technical bodies referred to in Article 45.3, as soon as they entail modification of the structure of the Mission or Representation, will be carried out by royal decree, at the initiative of the competent Ministry, prior to the creation of the Report of the Ministry of Foreign Affairs and Cooperation, and on a proposal from the Ministry of Finance and Public Administrations, prior to the report of the Executive Council of Foreign Policy.

7. The Ministry of Finance and Public Administration will approve the relations of the permanent diplomatic missions and Permanent Representations, prior to the report of the Executive Council of Foreign Policy.

Article 43. From the functions of the Diplomatic Missions and Permanent Representations in the State's External Action.

1. Diplomatic Missions and Permanent Representations execute and develop the Foreign Policy and the State's Foreign Action. For these purposes, the guidelines, objectives and objectives of the Foreign Policy and the External Action Strategy are the basis for the performance of all the administrative bodies and units abroad.

2. Diplomatic Missions and Permanent Representations are the main instrument for the development of the External Action of all organs, agencies and public entities with external projection. The instructions which the various bodies, bodies and entities will transfer to the Head of Mission or Representation for the development of the External Action in their respective areas, shall be in line with the provisions of the External Action Strategy and shall be shall be through the Ministry of Foreign Affairs and Cooperation, without prejudice to the provisions of Article 45.5 in respect of specialised technical bodies.

Article 44. Head of Mission.

1. The Head of the Permanent Diplomatic Mission will be exercised by an Extraordinary Ambassador and Plenipotentiary, who will hold the representation and maximum authority of Spain to the receiving State. In the case of Permanent Representations, it shall be exercised by a Permanent Representative Ambassador. The Head of Mission may also be exercised by a Business Chargé with cabinet letters.

The King will accredit, through the corresponding letters of credentials, the Heads of Diplomatic Mission and Permanent Representation. The Business Partners will be accredited by means of cabinet letters signed by the Minister of Foreign Affairs and Cooperation.

2. The Head of Mission or Permanent Representation, organically and functionally dependent on the Ministry of Foreign Affairs and Cooperation, represents the whole of the State Administration and exercises the top leadership of the entire staff of the Mission or Representation. It is for the Head of the Diplomatic Mission or the Permanent Representation to exercise the tasks assigned to the Diplomatic Missions by Article 42.4 and all those assigned to it by law, international law and treaties. of which Spain is a party.

3. It is for the Head of Mission or Permanent Representation to address the Diplomatic Mission or Permanent Representation, as well as the coordination of the Foreign and External Action of the State in the State or organization of accreditation, in compliance with the guidelines, objectives and objectives set by the Government for Foreign Policy, and in accordance with the principle of unity of action abroad and the other principles set out in Article 3 of the Law. In the exercise of these tasks, it shall propose to the Government, through the Ministry of Foreign Affairs and Cooperation, the areas of External Action which it considers to be most relevant or appropriate for the fulfilment of the objectives of Foreign Policy. in the country or organisation of accreditation.

The Head of the Diplomatic Mission or Permanent Representation shall inform the members of the Mission or Representation of matters affecting the performance of their duties and shall receive timely information from them on their activities. Likewise, it will monitor, coordinate and promote the activity of all the units and organs that make up the Mission.

4. The Ambassadors will be appointed and will cease by royal decree agreed upon in the Council of Ministers on the proposal of the Minister of Foreign Affairs and Cooperation. The Business Managers with cabinet letters will be appointed by the Order of the Minister of Foreign Affairs and Cooperation. The Extraordinary and Plenipotentiary Ambassadors, Ambassadors Permanent Representatives and Business Entrums with Cabinet letters will be appointed among officials of the Diplomatic Career in the form that will be determined, without prejudice to the fact that the Government, in the exercise of its discretion, may appoint Ambassadors to persons not belonging to the Diplomatic Career. The proposal for designation shall be made, in any event, on the basis of criteria of professional competence and experience, in accordance with the provisions of Article 6 (10) of Law 6/1997 of 14 April of the Organization and the Functioning of the European Union. General Administration of the State.

5. In the case of Ambassadors Permanent Representatives to international organizations whose scope of action is coincident in whole or in part with the competences of some ministerial department, the proposal of its designation and the cessation of the Minister for Foreign Affairs and Cooperation will be made prior to the report of the Department.

6. Once designated, the Ministry of Foreign Affairs and Cooperation shall provide each Ambassador with a letter of instructions, in which the Government's guidelines, objectives and objectives of the Foreign Policy towards the State or organization are collected. international accreditation, as well as the aims, objectives and guidelines of the State's External Action, in accordance with the Strategy for External Action and the information to be collected from the Departments, Autonomous Communities and bodies of them dependent.

7. The Minister for Foreign Affairs and Cooperation shall communicate to the Foreign Affairs Committee of the Congress of Deputies any designation of Ambassadors for the purposes of the possible request for appearance to inform its members about the the objectives of the Mission, according to the guidelines received in its letter of instructions. The Joint Commission for the European Union may request the appearance of the Permanent Representative to the European Union.

8. In the case of vacancy, absence or impossibility of exercising the Head of Mission or Representation, the Head of Mission or Representation shall be held by the Second Chief and, failing that, by the diplomatic officer who provides his services. in the Diplomatic Chancellery and has a higher administrative category or, in the same category, for the older one.

Article 45. Organization of the Diplomatic Mission or Permanent Representation.

1. The Diplomatic Mission or Permanent Representation is integrated by:

a) The Head of the Diplomatic Mission or Permanent Representation.

b) The Diplomatic Chancellery.

c) The Councils, Attachors, Sectoral Offices, Economic and Commercial Offices, Technical Offices of Cooperation, Cultural Centers, Training Centers of Spanish Cooperation, as well as the Instituto Cervantes.

d) Where appropriate, the Common Services Section.

2. The Diplomatic Ministry develops diplomatic, consular, cooperation, as well as political and representation functions.

It contributes to the development of the remaining areas of External Action, especially where there are no specialised technical bodies as foreseen in the following paragraph.

The Head of the Diplomatic Chancellery shall be exercised, under the direction of the Ambassador or Permanent Representative, by the official of the Diplomatic Career who performs the Second Head of the Diplomatic or the Diplomatic Mission. Permanent representation to international organizations. The Council of Ministers may appoint the latter as Deputy Permanent Representative Ambassador in the form that it shall regulate.

3. The Counseling, Attachurships, Economic and Commercial Offices, Technical Offices of Cooperation, Sectoral Offices, Cultural Centers and Training Centers of Spanish Cooperation, and Instituto Cervantes are specialized technical bodies of the Diplomatic Mission or Permanent Representation, which, under the hierarchical dependence of the Ambassador, provides advice and technical support and assists this and the Mission in the performance of its functions, in the development of the areas of the Action External, without prejudice to their organic and functional dependence on their respective Departments to which their internal organisation and budget allocation corresponds.

4. The Section for the Common Services, where it is established or expanded, in accordance with the proposal of the Executive Council for Foreign Policy under the sixth additional provision, and previous favourable report of the department of which the resources, is the administrative unit that manages the services and resources shared by the different units referred to in points (a), (b) and (c) of paragraph 1 of this Article. The Section for Common Services shall be responsible for a Chancellor, career officer, accredited as an administrative attaché to the receiving State, or depending on the importance and size of the Mission, by an official of the accredited A1 Subgroup. as Counsellor.

5. The Sectoral Councils and Attachors and other specialised bodies shall be notified directly to the departments of which they are dependent or to the competent authorities in the matter concerned, and to those departments which must maintain at the same time informed the Head of the Diplomatic Mission or the Permanent Representation. The instructions that the ministerial departments will provide to their technical bodies abroad should be in line with the provisions of the External Action Strategy.

Article 46. Special Diplomatic Missions and Delegations.

1. Special Diplomatic Missions temporarily represent the Kingdom of Spain to one or more States, with their consent, for a particular purpose, or to one or more States where there is no Permanent Diplomatic Mission or to the Joint States, for a special purpose role.

The Special Diplomatic Mission will be created at the initiative of the Ministry of Foreign Affairs and Cooperation, and on a proposal from the Ministry of Finance and Public Administration, after a report by the Executive Council on Political Affairs. External, by means of a royal decree setting out its task and the criteria for determining the beginning and end of the Mission.

The Head of Mission shall be appointed by royal decree approved by the Council of Ministers, on the proposal of the Minister of Foreign Affairs and Cooperation, with the title of Ambassador to the Special Mission, according to the procedure provided for in Article 44 for the designation of Ambassadors.

2. The delegations represent the Kingdom of Spain in an organ of an international organization, in a Conference of States convened by an international organization or under its auspices, or in a specific act organized by a third State for the a delegation with official status is required to be formed.

The delegations will be chaired by the bodies representing the State abroad: the Head of State, President of the Government or Minister of Foreign Affairs and Cooperation. Where the delegation is to be chaired by the holder of another body, the Council of Ministers shall, by means of a royal decree, be authorized by the Council of Ministers, on a proposal from the Ministry of Foreign Affairs and Cooperation, in the case of representing the State before another State, or by the Minister of Foreign Affairs and Cooperation, by means of a corresponding plenipotency, for the representation of the State in international organizations or international conferences.

Article 47. From the Consular Offices.

1. Consular Offices are the organs of the General Administration of the State responsible for the exercise of consular functions, and especially for providing assistance and protection to Spaniards abroad. The Consular Offices shall perform the functions attributed to them by the current regulations, international law and international treaties of which Spain is a party.

2. The creation and suppression of the consular offices of Carrera and consular agencies will be carried out by royal decree of the Council of Ministers, at the initiative of the Ministry of Foreign Affairs and Cooperation, of which they depend organic and functionally, and on a proposal from the Ministry of Finance and Public Administrations, prior to the report of the Executive Council of Foreign Policy.

3. In the case of integration into the Consular Offices of specialised technical bodies analogous to those referred to in Article 45.3 of this Law, their creation and deletion, as soon as they entail changes in the structure of the Office, shall be carried out by royal decree, at the joint initiative of the Ministry of Foreign Affairs and Cooperation and the competent department, and on a proposal from the Ministry of Finance and Public Administrations, prior to the report of the Executive Council of Exterior.

4. The royal decree of creation shall lay down the territorial scope of the consular demarcation and the seat of the Office. It is up to the Ministry of Finance and Public Administrations to approve the relations of jobs for the Consular Offices, on a proposal from the Ministry of Foreign Affairs and Cooperation and prior to the report of the Executive Council of Foreign Policy. The same procedure shall apply for the establishment and approval of the structure of consular agencies that are dependent on a Consular Office.

Article 48. Classes of Consular Offices and organization.

1. Consular Offices may be a career and honorary offices. The first ones will be able to have a category of Consulate General or Consulate and will be directed by officials of the Diplomatic Race. The latter will be in charge of honorary consuls and may be Honorary Consulates or Fees. The law, international law and treaties of which Spain is a party, determine the functions and powers of each type of consular post. Honorary Consular Offices shall be established by the Order of the Minister for Foreign Affairs and Cooperation.

2. The Head of the Consular Office shall be appointed by the Order of the Minister for Foreign Affairs and Cooperation between officials of the Diplomatic Career and shall be provided with a patent letter or other instrument accepted by law. International, granted by His Majesty the King with the endorsement of the Minister of Foreign Affairs and Cooperation, in which he shall, in addition to his name and personal category, consist of the consular district and the seat of the Office in his capacity.

3. The Head of the Consular Office shall be the head and address of all the services and personnel of the Consular Office. He shall coordinate and, by delegation of the Head of the relevant Permanent Diplomatic Mission, instruct the consular agencies and Honorary Consular Offices established in his constituency. The Consul General shall perform the same duties in respect of career consulates established in his/her constituency.

4. The career consular offices will have an administrative section, in charge of a foreign minister and, where appropriate, with the sections whose composition and functions will be established in their royal decree of creation. A Section of the Common Services may also be established in the Consular Offices or consular agencies in which sectoral offices are integrated, allowing for the integrated administrative management of the services to be determined, compliance with the provisions of this law.

5. Consular agencies are offices dependent on a Consular Office, created in localities other than that in which the Office on which they depend is located, in order to decentralize their management, and will be in charge of a Official of the Diplomatic Career. Such agencies shall be dependent on the Consulate-General or the Consulate in whose demarcation they are located and their functions shall be determined by mutual agreement between Spain and the competent authorities of the receiving State, within the limits and legal provisions of the the applicable international rules.

6. The Heads of the Consular Office shall adjust their action to the instructions of the Ministry of Foreign Affairs and Cooperation and of the Head of the Permanent Diplomatic Mission of which they are dependent, except in matters of public faith, civil or voluntary jurisdiction, in which they shall be subject to the provisions of the notarial, registration and procedural laws for the exercise of these functions and to the resolutions, instructions and circulars of the General Directorate of the Registers and of the Notary.

The Heads of the Consular Offices may also be instructed by the corresponding ministerial departments for the development of other areas of the External Action, through the Head of the respective Mission Diplomat.

CHAPTER II

From the State External Service within the framework of the European Union and the Ibero-American Community of Nations

Article 49. Incorporation into European Union delegations, Joint Diplomatic Missions and joint specialised technical bodies.

1. The Government, on the initiative of the Ministry of Foreign Affairs and Cooperation and on the proposal of the Ministry of Finance and Public Administrations, after report of the Executive Council of Foreign Policy, may agree with the competent bodies of the European Union or its Member States:

(a) The establishment of Joint Diplomatic Missions with other members of the European Union in third countries, in particular where there are no European Union delegations.

(b) The creation of joint cultural offices in third countries, in order to disseminate the principles and values on which the Union is founded.

c) The creation of joint sectoral offices in third countries, at joint initiative with the competent department for the purpose of the matter.

d) The incorporation of Spanish officials to European Union delegations in States in which Spain has no Permanent Diplomatic Mission, in order to perform certain functions of the Spanish Foreign Service.

e) That Spanish Foreign Service officials share common services with the delegations of the European Union or with the Permanent Diplomatic Missions of other States of the Union.

2. The offices referred to in points (b) and (c) of the preceding paragraph shall be integrated into the delegations of the European Union, or the Spanish Diplomatic Mission or the Member State with which the opening is agreed.

In agreements to be concluded with the institutions of the European Union or the competent Member States, the conditions governing these joint specialized technical missions and bodies shall be specified.

Article 50. Joint Consular Offices with Member States of the European Union.

1. The Government, on the initiative of the Ministry of Foreign Affairs and Cooperation, and on a proposal from the Ministry of Finance and Public Administrations, prior to the report of the Executive Council of Foreign Policy, may agree with other members of the Union The establishment of joint consular posts in third countries, as well as the sharing of common services with the consular offices of other EU states, in particular with regard to Schengen visas.

2. Agreements to be concluded with the competent authorities shall specify the conditions governing these offices.

Article 51. Professional promotion in the European Union and in international organisations.

The government will promote the candidacy of Spanish officials to the corresponding bodies of the European Union and the international organizations of which Spain is a party, in the spirit of promoting foreign and security policy. Security of the European Union, and multilateralism.

Article 52. Creation of joint specialized technical bodies within the framework of the Ibero-American Community of Nations.

Within the framework of the Ibero-American Community of Nations, based on dialogue, solidarity and the adoption of concerted actions, the Government, on the joint initiative of the Ministry of Foreign Affairs and Cooperation and On the basis of the matter, and on a proposal from the Ministry of Finance and Public Administrations, after a report from the Executive Council of Foreign Policy, it may agree with the competent bodies of the Member States of the Community. Ibero-American Nations, the creation of joint sectoral offices in third countries, for the development of specific areas of External Action.

The Government will also promote agreements with the States of the Ibero-American Community of Nations in order to facilitate the reciprocal incorporation of officials of their respective foreign services in the diplomatic missions. in third States.

In agreements to be concluded with the competent authorities, the conditions governing these joint sectoral missions and offices will be specified.

Article 53. Ibero-American Summits of Heads of State and Government.

In the framework of the Ibero-American Conference and the Ibero-American Summits of Heads of State and Government, the Government will promote cohesion and internal cooperation within it, for its international projection, especially in its relations and relations with the European Union.

CHAPTER III

From Foreign Service Personnel

Article 54. Of the staff classes.

1. The staff at the service of the General Administration of the State abroad will be integrated by civil servants and staff.

2. The staff of the State Administration shall have the consideration of the staff of the Foreign Service during the period of time in which they are assigned and occupy a position of work in the relations of positions of the Diplomatic Missions, Consulates, Permanent Representations or Representations. At the end of their destination they will have to return to a job at the Ministry of Education or in the department where they serve before they occupy a place in the State's Foreign Service, in accordance with the provisions of the Public Service regulations, without operating the guarantee of the assignment of a new job at the destination location abroad.

3. In the case of European Union delegations or joint missions with Member States of the European Union, or international or intergovernmental organisations, only the staff of the Spanish Foreign Service shall be considered to be the staff of the job of the employment relationship of the General Administration of the State and not that of the European External Service or of an international or intergovernmental organisation.

4. The Central Personnel Registry, under the Ministry of Finance and Public Administrations, will act, according to its registry, as an information tool for the management of the human resources of the General Administration of the State intended for the State's External Action, making available to the Executive Council of Foreign Policy the necessary information at the same time.

Article 55. Of the bodies that integrate the external service with functions attributed exclusively.

1. The officials of the Diplomatic Career, who are subject to a system of compulsory mobility outside Spain, constitute the body of the General Administration of the State, attached to the Ministry of Foreign Affairs and Cooperation, to which they Specific preparation is entrusted to the functions of political, diplomatic and consular nature, in accordance with the provisions of the international treaties in force, so that the posts that have been assigned these functions They shall be exclusively attached to such officials.

The Economic and Commercial Counselor's jobs will be exclusively attached to officials belonging to the Superior Corps of Commercial Technicians and State Economists, for the reason for their specific preparation and the roles played in those posts.

2. The duties of the other posts, corresponding to the specialised bodies referred to in Article 45.3, other than those referred to in the preceding paragraph, shall be carried out by the officials appointed by the department. The Ministry of Health and the Ministry of Health, the Ministry of Health and the Ministry of Health, the Ministry of Health and the Ministry of Health and the Ministry of

.

Article 56. Inspection of the Services and disciplinary authority.

1. The Inspection of the Services of the Foreign Service will be the dependent of each ministerial department. In certain cases, it may be entrusted to the General Inspectorate of the Ministry of Finance and Public Administrations, without prejudice to the application of its specific rules. Regulations shall determine the form and assumptions in which they may be carried out.

2. Without prejudice to the hierarchical dependency of the Head of Mission, disciplinary authority shall be exercised by the department of dependency of the public employee.

Article 57. Appointment, cessation and accreditation of Foreign Service personnel.

1. The posts for which the holders are to be accredited as diplomatic or consular staff shall be covered by the free designation procedure, by officials, or by the own procedures for the provision of such posts for reasons of their membership of a body with functions attributed exclusively to them.

2. The appointment will be made by the department of dependency, based on criteria of professional competence and experience in accordance with its specific regulations and with the principles of equality, merit and capacity. Their cessation will also be the responsibility of the department concerned.

3. The accreditation of the staff of the Foreign Service to the receiving State or to the international organisation, as the case may be, corresponds to the Minister for Foreign Affairs and Cooperation.

Article 58. From the training of State Foreign Service personnel.

1. The Ministry of Foreign Affairs and Cooperation, in collaboration with the other Departments, will promote the continued formation of the State's Foreign Service personnel, which will serve the best performance of its functions, the provision to the citizens of an efficient and quality public service and the promotion of the professional career.

2. The Diplomatic School, under the Ministry of Foreign Affairs and Cooperation, is a training center for State Foreign Service personnel and will promote the training of such personnel in matters of their own.

3. The Diplomatic School is also the main training centre for the officials of the Diplomatic Career, and in the manner in which it is determined to be regulated, it will provide the courses and subjects needed to facilitate continuing training. necessary for the professional promotion of such officials, in particular, in the areas of external relations, diplomatic, consular and cooperation that will be provided in collaboration with the Spanish Agency for International Cooperation for the Development.

4. The Diplomatic School will establish, through the appropriate collaboration agreements or instruments provided for in the legislation, the mechanisms to collaborate with other training centers, public and private, Spanish and foreign, that allows articulate a broad learning offer, ensure quality training and provide reference degrees in the field of international relations.

5. The Diplomatic School will maintain links with schools and similar institutions in other States, especially in the Ibero-American area, for the purpose of encouraging exchanges of teachers and students, and may provide specific courses for the further training or specialisation of officials from other external services.

6. The ICEX Spain Export and Investments, through the Center for Economic and Commercial Studies, is the center of formation of the General Administration of State in the field of international economy and trade and foreign investments and will promote the training of the staff of the External Service in matters of its own.

CHAPTER IV

From the relatives of Foreign Service officials

Article 59. Support for families.

1. In the implementation of the Government's policy of reconciliation of family and work life and in the interests of better performance of the functions of the external service, the Government will establish the conditions for family members to accompany them. officials destined for the outside.

2. The central organs of the State Foreign Service shall provide families with assistance in preparing their departure abroad, in particular with regard to information on living conditions in the country of destination. They will also facilitate access to knowledge of languages and job opportunities for spouses and partners.

3. The Ministry of Finance and Public Administrations shall determine the conditions under which officials of the General Administration of the State posted abroad may receive aid to provide their children of school age a quality education comparable to that of the Spanish public system.

4. Officials of the General Administration of the State destined abroad and their beneficiaries shall have the right to be provided with access to health coverage similar to that which they would have to provide in the territory of the State. Spanish. In the event of membership of the administrative mutualism, health care abroad shall be provided in accordance with the provisions of the specific regulatory rules.

Article 60. Work of relatives abroad.

1. The Government shall, by means of the action of the Ministry of Foreign Affairs and Cooperation, encourage the conclusion of international treaties enabling the exercise of remunerated activities to be accompanied by the spouses or their partners. officials at their destination abroad.

2. The spouse or partner in fact of the official or employment staff at the service of the General Administration of the State or its dependent bodies who, on the occasion of the destination of the latter abroad, transfers his residence abroad and has the status of an official or labour force of the General Administration of the State or its dependent public bodies and entities shall, in the case of competition with other applicants, be given preference and provided that there is equal merit between For the coverage of existing jobs in the General Administration of the State and its dependent agencies abroad. In the case of jobs covered by employment contracts, the duration of this contract shall be subject to the residence of the spouse or partner in fact at their destination abroad.

Additional disposition first. State External Action Strategy.

Within six months of the entry into force of this law, the Ministry of Foreign Affairs and Cooperation will raise the proposal of the State's Foreign Action Strategy to the Council of Ministers. 2013-2017, drawn up in accordance with the provisions of Article 35 of this Law.

Additional provision second. Annual External Action Report.

In the first quarter of the year following the approval of the State's Foreign Action Strategy, the Ministry of Foreign Affairs and Cooperation will raise the first Foreign Action Report for approval by the Council of Ministers.

Additional provision third. Report on the deployment of the State Foreign Service.

Within six months of the entry into force of this law, the Executive Council of Foreign Policy will prepare the report on the situation of the buildings and the material and personal means of the units. administrative and external institutions dependent on the General Administration of the State, as well as on the adequacy of the deployment of the State Foreign Service, provided for in Article 39 of this Law.

Additional provision fourth. Report on work staff abroad.

Within twelve months of the entry into force of the law, the Ministry of Finance and Public Administrations, after consulting the ministerial departments with labor personnel abroad, will produce a report on the situation, conditions and conditions of employment of workers abroad in order to optimise and manage the management of human resources outside the General Administration of the State and its public bodies. For the preparation of the report, the Ministry of Finance and Public Administrations may request the collaboration of the affected ministerial departments.

Additional provision fifth. Report on the situation of spouses or partners in the event of posted official or employment staff.

Within six months of the entry into force of this law, the Ministry of Finance and Public Administrations will produce a report on the situation of spouses or de facto partners of official or labor personnel. displaced, which does not have the status of a public employee, with regard to its possible access to existing job coverage in the General Administration of the State and its dependent agencies abroad.

It will also produce a report on the possibility that the spouses or partners in fact of such posted official or employment personnel may maintain the acquired or ongoing rights of acquisition in respect of seniority, pensions and liabilities of the Spanish social security system and, consequently, voluntarily pay contributions for periods prior to the entry into force of this law.

Additional provision sixth. Efficiency and savings in the State's Foreign Service.

1. In accordance with the principle of efficiency in the allocation and use of public resources referred to in Article 7.2 of the Organic Law 2/2012 of 27 April 2012 on budgetary stability and financial sustainability, the management of the administrative units and institutions of public administrations abroad will be oriented towards efficiency, efficiency, economy and quality, to which end policies will be applied to rationalisation of expenditure and improvement of management of the public sector.

In particular, in the State, both the media management plans whose elaboration is promoted by the Executive Council and the report on the deployment of the foreign service referred to in Article 39 of this Law must be oriented and respond to these principles.

2. The management of the State's administrative buildings abroad shall be carried out in accordance with the principles of:

a) Global and integrated planning of administrative use real estate needs.

b) Optimisation of the number of buildings occupied, with the primary use of common sites grouping the units belonging to the different departments and bodies with presence abroad and seeking to reduce the number of buildings number of leases where this is possible according to the needs of the service.

c) Rentability of real estate investments, seeking the maximum productivity of the administrative services that are located in the real estate.

For these purposes, the Executive Council of Foreign Policy, prior to the study of the situation of buildings abroad, may present proposals, both general and concrete, for the use of these real estate resources. the State for the purposes of the Ministry of Finance and Public Administrations, following the report of the Financial Coordination Committee for Real Estate and Heritage Actions, may fix the corresponding criteria for action.

3. The ministerial departments integrated in the same venue shall contribute to their financing under the terms set out in the relevant protocols or collaboration agreements and in accordance with the mechanisms provided for in Law 47/2003, November 26, General Budget.

4. In compliance with the principle set out in paragraph 1 of this provision, the integration into the buildings of the State of the units or services on the outside of Autonomous Communities, Local Entities or bodies and dependent entities shall be promoted. of the same, as well as their adherence to the schemes of centralization of contracting and spending abroad through any of the mechanisms and procedures provided for in the legislation in force.

Additional provision seventh. Regime of the Armed Forces.

Given the special characteristics of the Armed Forces, of discipline, hierarchy and unity, the provisions of Title III of this Law will be applied without prejudice to the provisions of the Organic Law 5/2005, of 17 November, National Defense, as well as in Organic Law 9/2011, of July 27, of rights and duties of members of the Armed Forces, in Organic Law 8/1998, of December 2, of Disciplinary Regime of the Armed Forces, in the Organic Law 13/1985 of 9 December, of the Military Criminal Code, in Law 39/2007 of 19 November of the military career and in the Royal Ordinance for the Armed Forces, approved by Royal Decree 96/2009 of 6 February.

Additional disposition octave. Exclusion of educational centres of public ownership and assistance centres abroad.

The provisions contained in Title III relating to the State's Foreign Service will not apply to the educational centers of public ownership abroad, nor to the care centers of the Social Institute of the Navy on the outside, which will be governed by its own regulations.

Additional provision ninth. The Cervantes Institute.

The Cervantes Institute will contribute to the dissemination of culture and language abroad, in coordination with the other competent bodies of the General Administration of the State and in collaboration with the Autonomous Communities, without prejudice to the promotion of other co-official Spanish languages.

Additional provision 10th. Appointment and termination of the staff of the Permanent Representation of Spain to the European Union.

The appointment and termination of the staff of the Permanent Representation of Spain to the European Union will be carried out in accordance with the provisions of Article 4 of Royal Decree 260/1986 of 17 January, establishing the the Permanent Representation of Spain to the European Communities.

Additional provision tenth first. Provision of services of officials of the General Administration of the State.

The Government, through the competent ministries for the reason of the matter and prior to the favorable report of the Ministry of Finance and Public Administrations, will be able to celebrate, with the Autonomous Communities and the Autonomous Cities (a) the conditions under which the provision of services may be provided for by officials of the General Administration of the State which, for their specific preparation, may be provided with, assigned the functions related to the affected subjects.

This provision of services shall be for assistance and support to those in the field of action within the framework of its powers with external projection and in accordance with the procedures for mobility or for the provision of of work provided for in the rules of public service.

Additional provision 10th second. Provision of services by officials in the European External Action Service.

The government will take appropriate measures to ensure the opportunities that the European External Action Service offers to staff providing or providing service to the State's Foreign Service, and to facilitate their access and incorporation into it.

Additional provision tenth third. Amendment of the Statute of the Diplomatic School.

The Ministry of Foreign Affairs and Cooperation and the Ministry of Finance and Public Administrations will analyze the feasibility of the transformation of the Charter of the Diplomatic School for its configuration as a center of training that can obtain resources derived from the training activity that constitutes its object.

Additional provision tenth fourth. No increase in public spending.

The measures included in this law may not result in an increase in the amount of appropriations or salaries or other expenses of the staff of the Foreign Service, and will be informed prior to its implementation by the Directorate-General. General of Personnel Costs and Public Pensions.

Additional provision tenth fifth. Assistance to new emigrants.

The Diplomatic Missions and Consular Offices will assume as one of their priority objectives the attention to the new Spanish emigrants, especially in those States where there is a greater flow of arrivals, in order to facilitate both their labour and personal integration in the host country and, as far as possible, facilitate the return to Spain of those migrants who wish to return.

To do this, in its relations with the Government and the different administrations of the State where they radiate, they will carry out a systematic planning of contacts and relations that address the labor and social situation of this collective, promoting, among other measures, their inclusion in existing support programmes or by calling for actions that may be beneficial to them, related to housing, language courses and job opportunities. In their direct relationship with the new emigrants, they will seek to adapt their schedules of care and to promote electronic communication channels, which will improve the task of assisting and protecting these citizens.

Additional provision 10th sixth. Requirements for the performance of official translations and interpretations.

The translations and interpretations of a foreign language into Spanish and vice versa will only be official if they have been carried out by those who are in possession of the title of Traductor-Interpreter Jurado. the Ministry of Foreign Affairs and Cooperation. The requirements for the granting of this title, as well as the other elements that make up its legal system, will be developed regulatively. In any case, a degree or equivalent degree shall be required for the award of this title.

The official character of a translation or interpretation implies that it may be brought before judicial and administrative bodies in terms that are determined to be regulated.

The Translator-Interpreter Jury will certify with his signature and seal the fidelity and accuracy of translation and interpretation.

Translation and interpretation by a Traductor-Interpreter Jurado may be reviewed by the Language Interpretation Office of the Ministry of Foreign Affairs and Cooperation at the request of the holder of the administrative, judicial, registry or competent authority to whom it is presented.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they are contrary to the provisions of this law and, in particular, Royal Decree 632/1987 of 8 May on the organization of the State Administration in the outside.

Final disposition first. Amendment of Law 23/1998, of July 7, of International Cooperation for Development.

One. The reference referred to in Article 8 (1) and (3); Article 15 (2) and (3); Article 16 (3); Article 22 (3); Article 23 (2) (c); and Article 24 (2) of Law 23/1998 of 7 July 1998 is deleted; International Development Cooperation makes the Annual Plan or Annual Plans.

Two. These provisions are worded as follows:

" Article 8. Planning.

1. The Spanish policy of international cooperation for the development of the General Administration of the State will be established through the Directors ' Plans.

2. The Director Plan, a basic element of the planning of the Spanish policy of international cooperation for the development of the General Administration of the State, will be formulated quadrienally and will contain the general lines and basic guidelines of the Spanish policy on international cooperation for development, pointing to the objectives and priorities, as well as the indicative budgetary resources which will guide the action of Spanish cooperation during that period, incorporating the strategy documents relating to each sector of cooperation, geographical area and countries which are the subject of preferential cooperation.

Article 15. The Congress of Deputies.

2. The General Courts will debate annually, in the form and manner to be determined and on the initiative and initiative of the Government, the Spanish policy of international cooperation for development and inform the Annual Communication concerning the implementation of the Director Plan and the Annual Assessment Report, in accordance with the provisions of the Regulations of the Chambers.

3. A Parliamentary Committee on International Cooperation for Development will be established in the Congress of Deputies and the Senate, in accordance with the provisions of the Regulations of the Chambers. This Commission shall be informed by the Government of the level of implementation and degree of compliance with the programmes, projects and actions covered by the Director Plan and shall receive an account of the evaluation of the cooperation, as well as of the results of the preceding exercise.

Article 16. The Government.

The government defines and directs the Spanish policy of international development cooperation.

On a proposal from the Minister of Foreign Affairs and Cooperation, the Government approves the Director Plan.

Article 19. The Secretariat of State for International Cooperation and for Latin America (SECIPI).

3. The Secretariat of State for International Cooperation and for Ibero-America, after obtaining the opinion of the Development Cooperation Council and the Interterritorial Cooperation Commission, formulates the proposal of the Director Plan, as well as the definition of the territorial and sectoral priorities referred to in Article 5.

Article 22. The Development Cooperation Council.

3. The Development Cooperation Council shall inform the proposal of the Director Plan and the Annual Communication concerning the implementation of the Director Plan and shall know the results and the evaluation of the cooperation.

Article 23. The Interterritorial Development Cooperation Commission.

2. The tasks of the Commission shall be aimed at promoting the following objectives:

c) The involvement of public administrations in the formation of the Director Plan as well as in the definition of their priorities.

Article 24. The Inter-Ministerial Commission for International Cooperation.

2. The Inter-Ministerial Committee for International Cooperation, after obtaining the opinion of the Congress of Deputies and the Senate, will submit to the approval of the Government, through the Minister of Foreign Affairs and Cooperation, the proposals of the Plan Director and know the results and the evaluation of the cooperation. "

Three. Article 25 of Law 23/1998 of 7 July 1998 on International Cooperation for Development is worded as follows:

" Article 25. The Spanish Agency for International Cooperation for Development (AECID).

1. The Spanish Agency for International Cooperation for Development, a state agency attached to the Ministry of Foreign Affairs and Cooperation, aims to promote, manage and implement public cooperation policies. international development, without prejudice to the powers assigned to other ministerial departments.

2. The staff at the service of the Spanish Agency for International Cooperation for Development shall be composed of public officials and personnel subject to labor law.

3. The officials of the various public administrations that will be able to serve in the Spanish Agency for International Cooperation for Development will remain in the administrative situation that corresponds according to the rules applicable to their situation of provenance. The system of coverage of destinations by official staff shall include measures which tend to favour their specialisation in cooperation tasks.

4. The purposes, functions, organisation and operation of the Spanish Agency for International Development Cooperation shall be laid down in its Statute, in accordance with the provisions of Law 28/2006 of 18 July of State Agencies, for the improvement of public services. "

Final disposition second. Amendment of Royal Decree 1412/2000, of 21 July, of Creation of the Council of Foreign Policy.

One. The first subparagraph of paragraph 1 is amended and a new paragraph 4 is added to Article 2 of Royal Decree 1412/2000 of 21 July 2000, which is worded as follows:

" 1. Permanent members are the President of the Government, the Deputy Prime Minister and Minister of the Presidency, and the Ministers of Foreign Affairs and Cooperation, Justice, Defense, Finance and Public Administrations, Interior, Promotion, Education, Culture and Sport, Employment and Social Security, Industry, Energy and Tourism, Agriculture, Food and Environment, Economy and Competitiveness and Health, Social Services and Equality and the Director of the Cabinet of the Presidency of the Government.

The High Commissioner of Government for the Spanish Brand will also be a member of the Foreign Policy Council, which will participate in its meetings only when the issues to be dealt with affect its competence.

2. Other members of the Government may be summoned, depending on the matters to be dealt with.

3. They may also be summoned, depending on the matters to be dealt with, authorities or senior officials of the General Administration of the State and authorities or senior officials of the Autonomous Communities and local authorities.

4. The Director of the Department of International Policy and Security of the Cabinet of the President of the Government shall perform the duties of Secretary. "

Two. Article 5 of Royal Decree 1412/2000 of 21 July 2000 is amended as follows:

" Article 5. Executive Board of Foreign Action.

1. For an appropriate exercise of its powers, an Executive Council of Foreign Action is created in the Foreign Policy Council, chaired by the First Vice President of the Government, which will be replaced, if necessary, by the Minister of Foreign Affairs. and of Cooperation.

2. For the Departments present in the Council, their representation in this Executive Council of External Action will be determined. The representatives appointed by each Ministry shall have at least the category of Undersecretary or assimilated.

3. In addition, the Secretary of State for Budgets and Expenditure, the Secretary of State for Public Administration, the Secretary of State for Communication, and the Government High Commissioner for Foreign Affairs will be members of the Executive Council of Foreign Action. Mark Spain, which will participate in its meetings only when the matters to be dealt with affect its respective competence.

4. They may also be summoned, depending on the matters to be dealt with, authorities or senior officials of the General Administration of the State and authorities or senior officials of the Autonomous Communities and local authorities.

5. The Director of the Department of International Policy and Security of the Cabinet of the President of the Government shall perform the duties of Secretary. "

Final disposition third. Amendment of Law 12/2009 of 30 October, regulating the right of asylum and subsidiary protection.

Law 22/2009 of 30 October 2009, regulating the right of asylum and subsidiary protection, is amended as follows:

Article 40 is worded as follows:

" 1. The restoration of the family unit of refugees and beneficiaries of subsidiary protection may be ensured by the granting, respectively, of the right of asylum or of subsidiary protection by family extension, in the Assumptions:

(a) First-graders who accredit the dependency and their descendants in the first degree who were minors, with the exception of the right to family extension in the cases of different nationality.

The family relationships of the ancestors and descendants must be established by the necessary scientific evidence, in cases where this relationship of kinship cannot be determined without doubt.

(b) The spouse or person linked by the same relationship of affectivity and coexistence, except for cases of divorce, legal separation, separation of fact, different nationality or granting of refugee status on the basis of gender, where in the application file it is established that the person has suffered or had serious fears of suffering from persecution singularized by gender-based violence on the part of his or her spouse.

(c) Other adult who is responsible for the beneficiary of international protection, in accordance with the current Spanish legislation, where the beneficiary is an unmarried minor.

(d) Asylum or subsidiary protection may also be granted by family extension to other members of the family of the refugee or beneficiary of subsidiary protection provided that the dependence on those and the existence of prior coexistence in the country of origin.

2. The Asylum and Refuge Office shall process applications for family extension. Once instructed, the Inter-Ministerial Committee on Asylum and Refuge will proceed with the study to raise the draft resolution to the Minister of the Interior, who will decide.

3. The resolution on the granting of the right of asylum or of subsidiary protection by family extension shall entail for the beneficiaries the effects provided for in Article 36.

4. In no case shall international protection be granted by family extension to persons incurred in the cases provided for in Article 8 (2) and (3) and Articles 9, 11 and 12 of this Law. "

Final disposition fourth. Competence title.

This law is issued pursuant to Articles 149.1.3., 97 and 149.1.18. of the Constitution which attribute exclusive competence to the State in matters of international relations, foreign policy direction and the legal system of public administrations and the statutory scheme of their officials.

Final disposition fifth. Regulatory development.

The Government and the holders of the ministerial departments, within the scope of their respective competences, will dictate how many provisions are necessary for the development of this law.

The amendments which, as from the entry into force of this law, may be made as provided for in the second final provision, may be made subject to regulation, in accordance with the specific rules of application.

Final disposition sixth. Entry into force.

This law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 25 March 2014.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY