Law 2/2014, March 25, The Action And The Foreign Service Of The State.

Original Language Title: Ley 2/2014, de 25 de marzo, de la Acción y del Servicio Exterior del Estado.

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JUAN CARLOS I King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law: preamble I the international dimension of the performance of the State has gained a role unprecedented in recent times. The reason for this is that in a globalized and interdependent world today, how to conduct the foreign policy of a State impacts of direct and immediate way the life and interests of its citizens. In addition, at the European level, has developed an ambitious supranational integration process in which Member States have been attributed to the European Union the exercise of a cast so wide powers that national and international action are closely intertwined.

For Spain, the adoption of the 1978 Constitution meant a major change that has had a major impact on the foreign policy of our country. It has allowed the incorporation of Spain forums that for a long time we were excluded, especially the aforementioned European Union, the Council of Europe and the Atlantic Alliance, while that has promoted the creation of the Ibero-American community of Nations. It has also led to the establishment of new dimensions of external action, such as international cooperation for development. And all of this based on a 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.

Likewise, the Constitution of 1978 established the necessary legal framework for the recognition of different subjects, including the autonomous communities through their respective statutes of autonomy, competences in the field of external action, both in the field of the EU external action in the proper sense. This led to a large indoor and outdoor enrichment for Spain, but entails, in turn, the correlative need for coordination to ensure a harmonious coexistence between the Eeas and the direction of foreign policy by the Government.

II in this context, the law of action and the foreign State service is conceived as a flexible instrument that preferential attention to five fundamental demands.

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

Secondly, a capital importance consolidate and reinforce the credibility of Spain abroad since, as a consequence of globalization and the exponential growth of international economic relations, said credibility is of undoubted importance to increase exports of goods and services, attract capital who finance our economy and facilitate the establishment and expansion of our companies.

Thirdly, should strengthen our participation in the European integration process and articulate a foreign policy that is harmonious with foreign policy and common security of the European Union, as well as with the purposes of the European external action service.

Fourth, it is vital to ensure proper coordination of the external action of Spain with the States comprising the Ibero-American community of Nations. This genuine dimension of Spain, derived from the history and cultural and linguistic, affinity which is the Spanish as a common language, part substantive is an unwavering commitment to Spain.

And, finally, it is obliged to ensure adequate assistance and protection to the Spaniards and to support Spanish citizenship and Spanish companies abroad.

From this concept, the law establishes seven guiding principles of the external action of the State: unity of action abroad; institutional loyalty and coordination; planning; efficiency; efficiency and specialization; transparency; and service to the public interest.

On these principles, the law reaffirms the responsibility of the Government in his role as foreign policy direction, and their powers of coordination of external action. It revitalizes the foreign policy Council and its Executive Board, responsible for ensuring that the external action of the State to develop in accordance with the principles and objectives of foreign policy and conforms to the guidelines set by the Government by means of the adequacy of the means to the objectives. Set, since it recognizes all actors abroad, instruments of planning, monitoring and coordination that make sure that the external action be integrated and there is a full connection between it and the foreign policy. And, finally, the foreign service of the State as the key instrument for the implementation of the policy and external action it conceives of agglutinate in all bodies of the General State administration, acting on the outside and to define the ambassadors and permanent representatives to international organizations as executive bodies responsible for the direction and coordination of all of them.

All this is based, logically, within the constitutional framework, in particular for competence based on article 149.1.3. ª of the Constitution, which attributes to the State the exclusive competence in the field of international relations, the article 149.1.18. ª, who attributed the exclusive competence in the field of foundations of the legal regime of public administrations and of statutory regime officials, and article 97, which gives the Government , also in exclusive, the direction of foreign policy.

III the law is divided into four titles. Sets the starting point a preliminary title that includes general provisions on the purpose and definitions of the law and the principles underlying it, with clear difference between foreign policy and external action of the State. Is intended to give to the latter unit and internal coherence, beyond the sum of the sectoral actions; schedule it, ensuring its effectiveness and efficiency, recognize the required specialization in its execution; and want to put it at the service of the general interests of Spain, as a result of a vision owned and shared about what to Spain.

The title I regulates the subjects and areas of the external action of the State. Its provisions are based on the recognition of the existence of a multiplicity of subjects which, without competence in foreign policy, develop a very intense external action, in the exercise of its own powers, and must conform to the guidelines, goals, and objectives established by the Government in the exercise at the same time of its exclusive competence of Directorate of the foreign policy of the State. With respect to the subjects, among which there is no forgetting of its relevant role to the Crown, the Act provides the mention of those powers and functions that are closely related to the external action of the State. As a novelty, the law establishes a system of information and communication of performances overseas and trips and visits abroad pursuing a dual purpose: that the Government provide subjects of the action outside support in their implementation; and, as to the constitutional bodies and public administrations concerned, who may formulate recommendations motivated about the adequacy of these measures to the guidelines, aims and objectives of foreign policy.

Likewise, in this title relate and describe non-constitute a closed and immutable, list the areas of external action understood as those who, because of its singular importance, must be cared for and taken into account in the formulation of a foreign policy whose ultimate goal is the defence and promotion of the values and interests of Spain, progress and sustainable growth and the well-being of the population Spanish with special emphasis on the promotion of equality between men and women and the eradication of violence against women, emphasizing the care and protection of Spanish women victims of violence gender and their sons and daughters overseas.

In title II regulates the planning, follow-up and coordination of the external action instruments. The first are the strategy and the report of external action, both subject to approval by the Government, whose development is being conducted jointly by all the ministerial departments and is completed with the contributions of constitutional bodies, communities and autonomous cities and entities that make up the Local Administration.

In the elaboration of the strategy of external action implementation is essential in all our intangible asset to civil societies and non-governmental actors at the international level. The promotion of the image of Spain abroad is an essential task.

By what coordination concerns, the law pays special attention to a key organ for the achievement of its objectives, the Council's foreign policy, collegiate advisory body of the President of the Government in its task of direction of foreign policy, which is configured as the main guarantor of the coherence of the external action of the State and the full coordination between external action and foreign policy.


This College acquires in addition an essential role through its Executive Council corresponding to formulate proposals concerning the adequacy and better management of the human, budgetary and material means of the foreign service, for the fulfilment of the aims and objectives set out in the strategy of external action. Said in other words, learn about how and where should be the deployment of our foreign service to better serve the general interests of Spain.

The 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, figure already pointed in the Real Decree 632/1987, of May 8, on organization of the Government abroad pursuing the unity of action of all the organs of the General Administration of the State abroad. This ensures functions of leadership of the mission and coordination of external action and the foreign service that already Act 6/1997, of 14 April, organization and functioning of the General Administration of the State attributed to the ambassadors and permanent representatives in its condition of directing foreign bodies, while it recognizes the need and importance of the incorporation of knowledge specialized to the external action of the State.

As a novelty, the law establishes bases so that foreign policy Executive Board may recommend the adoption of management measures integrated in the diplomatic missions through the establishment, where deemed necessary or desirable, a section of common services that, in addition, a more efficient use of human resources and public materials.

This title also introduces new concepts and new ways of diplomacy and representation, taking advantage of the potential offered by the deployment of the European service for external action and its delegations abroad or according with the States that integrate the Ibero-American community of Nations the creation of joint sectoral offices in third countries for the development of specific areas of external action.

This model requires the Administration to enhance further training of officials belonging to the foreign service in new capabilities enabling interdisciplinary and cross-sectoral work, as well as the full development of managerial and technical capacities of negotiation in the international context, and training in the knowledge and development of languages. To do so, the law configures the diplomatic school and ICEX Spain export and investment, through the center of economic and commercial studies, as centers of training of officers of the foreign service.

Finally, the Act closes with the corresponding additional, derogations and final provisions.

IV. Finally, should place this law in its historical perspective just and record the value which has a political and social consensus to put in place in this area.

In effect, this law is part of a rich historic, century-old several times, history of Spanish diplomacy, rooted in the valuable contributions made by the school of Salamanca in the 16th century international law and whose work always has been developed with full dedication to public service. Not in vain the genuine dimensions of our external action - the European, the Ibero-American and Atlantic, as well as the Mediterranean - they connected certainly with the Aragonese and Castilian diplomacies, but is likewise strictly Spanish our vocation of universalism. This diplomatic history is certainly exceptional for its geographical magnitude, by its political and legal doctrine production, by its institutions, media and people, as well as its uses, directions and tasks. And it is legitimate to bring up this enormous and valuable legacy, then, largely, constraints and categories, people, resources and objectives of external action which this law regulates characterisation in this history.

On the other hand, innovations and changes that this law entails not can be carried out alone by the Government. An adequate and effective application of this law requires a basic agreement between the political forces, the autonomous communities, business and trade union organizations, the world of culture and the collaboration of all of Spanish society. Just so you can become really a legal system designed at the time which still remained the old borders between States to build other adapted to the new challenges of globalization.

PRELIMINARY title article 1. Object and definitions.

1. this Act is intended to regulate the foreign State's action, listing their guiding principles, identify the subjects and areas of it, establish instruments for planning, monitoring and coordination and ordering the foreign service of the State, to ensure the coordination and consistency of the set of actions that constitute it and its adaptation to the guidelines, aims and objectives of foreign policy.

2 a the effects of this law means: to) foreign policy: the set of decisions and actions of the Government in its relations with other actors in the international scene, in order to define, promote, develop and defend the values and interests of Spain abroad.

b) action outside of the State: the ordered set of actions constitutional bodies, public administrations and agencies, entities and institutions of these dependent carried out abroad, in the exercise of their respective powers, developed in accordance with the principles laid down in this law and enforcement and adequacy to the guidelines, goals and targets set by the Government in the exercise of its jurisdiction in direction of foreign policy.

(c) foreign State service: organs, administrative units and the human and material resources which, under the guidance and coordination of the Government, run and develop foreign policy and 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 is as inspiring principles respect for human dignity, liberty, democracy, the rule of law and human rights. The foreign policy of Spain will defend and promote respect for and development of international law, in particular respect for the principles of the Charter of the United Nations. It will promote projects of European construction and the Ibero-American community of Nations, as well as multilateralism within the international community.

2 the objectives of the foreign policy of Spain are: a) the maintenance and promotion of the 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 respect for fundamental rights and public freedoms;

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

(e) the defence of the environment and the protection of biodiversity, combating 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 Europe more integrated and more legitimate to its citizens, which is constituted as a global player of reference;

(h) the strengthening of the Ibero-American community of Nations;

(i) the security and welfare of Spain and its citizens;

(j) assistance and protection to 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 the external action of the State.

1. the external action of the State, as an essential element for the implementation of foreign policy, will take place in the framework of planning instruments regulated by this law and shall be subject to the principles, guidelines, purposes and objectives of this policy.

2 external action of constitutional bodies, public administrations and agencies, entities and institutions of these dependent shall be governed by the following principles: to) unity of action abroad. Unity of action means outside the management and coordination of the activities carried out abroad in order to ensure the achievement of the objectives of the foreign policy of the Government and the best defense of the interests of Spain.

(b) institutional loyalty, coordination and cooperation. The activity carried out abroad by the subjects of the foreign State's action will pan out with respect to the exclusive competence of the State in matters of international relations and the guidelines, aims and objectives of the foreign policy of the Government.

(c) planning. The priorities, objectives and actions of the external action of the State will be established in the planning instruments that are approved in accordance with the procedures established in this law.

(d) efficiency. In the execution of the external action of the State shall be adopted the necessary measures to ensure the efficient use, rationalization and austerity in the use of public resources.


(e) efficiency and specialisation. To achieve the best adaptation of public resources to the fulfilment of the objectives, the external State action will incorporate specialized, both in its planning and in its management and implementation technical knowledge.

(f) transparency. Access to information concerning the external action of the State is set to that effect has legislation resulting from application.

(g) the general interest service. Action and the foreign State service will guide the provision of a quality public service and the advocacy and promotion of the image of Spain. Also, are they will guide to the assistance and protection of the Spaniards, and to support Spanish citizenship and Spanish companies abroad.

Title I subjects and areas of the action outside chapter I subject of the action outside of the State 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 the Constitution, laws and international treaties to which Spain is a party to.

2 corresponds to the King express the consent of the State to be bound internationally through treaties, in accordance with the Constitution and the laws.

3. the King shall accredit the heads of the diplomatic missions of Spain and their permanent representatives to international organizations and will receive the credentials of foreign diplomatic representatives.

Article 5. Subject of the external action of the State.

1 they are subjects of the external action of the State, constitutional bodies, public authorities and administrative bodies, institutions and entities which, in the exercise of its own powers, Act and are projected on the outside.

2 constitutional bodies, the autonomous communities, the autonomous cities, entities that make up the Local Administration and agencies, entities and institutions of them dependent will keep informed the Ministry of Foreign Affairs and cooperation of the proposals on trips, visits, exchanges and outreach performances, so that this can inform and, where appropriate, issue motivated recommendations on the adequacy of the proposal of action guidelines purposes and objectives of foreign policy set by the Government and planning instruments established by this law.

This obligation of information in the field of the autonomous communities and autonomous cities includes trips, visits, exchanges and performances of their Chairmen and members of the Councils of Government, and shall not apply in the case of actions in the field of the European Union and of trips or visits to their institutions.

The Ministry of Foreign Affairs and cooperation shall inform the finance and public administration the information received from the autonomous communities and entities that make up the Local Administration.

3. the Ministry of Foreign Affairs and cooperation be provided to constitutional bodies, public administrations and agencies, entities and institutions mentioned in the previous section, information and support for its international projection, in the exercise of their respective powers, and in the context of the guiding principles of foreign policy and the foreign State's action.

4. the Ministers, the governing bodies of the various ministerial departments and managers of agencies, entities and public institutions of them dependent, shall inform the Government of activities developed for the exercise of its external action, within its area of competence. Also, they shall inform the Ministry of Foreign Affairs and cooperation travel and tours that carried out abroad.

5. the Government may request the collaboration of all the subjects involved in the foreign State action for the development of missions and specific actions that contribute to the defense of the interests of the State abroad or to better comply with the guidelines, aims and objectives of foreign policy.

Article 6. The Government.

1. the Government directs foreign policy, authorizes the signing and provisional application of the international treaties, approves his signature "ad referendum", the forwards to the Cortes Generales, and remembers the manifestation the consent of Spain to be bound by an international treaty.

2. the Government shall adopt foreign action strategy, the annual reports of external action, the annual plans of external action for the promotion of the mark Spain, of the Spanish cooperation Master Plan and other planning instruments that are considered necessary to define, promote, develop and defend the interests of Spain abroad.

3 corresponds to the President of the Government direct the action of the Government and coordinate the functions of its members and, in particular, to determine the guidelines of foreign policy and ensure its compliance, in the development of the external action of the State. Virtue of their functions and without plenipotencia, the Prime Minister representing Spain, in accordance with the Constitution and laws, in all acts of celebration of international treaties, including the expression of the consent of Spain to be bound by them.

4. the Ministers, as holders of their departments, direct and develop the foreign State's action in its area of competence, in accordance with the guiding principles laid down by this law. For the development of its external action, they have the foreign service of the State and, in particular, technical bodies and administrative units abroad that they depend on, organic and functional, without prejudice to the powers of management and coordination of the head of the diplomatic mission or respective permanent representation.

The Ministers will represent the State in acts of conclusion of a treaty, with the exception of the manifestation of the consent of the State to be bound by it, through the timely plenipotencia, granted by the Minister of Foreign Affairs and cooperation.

5. the Minister of Foreign Affairs and cooperation, within the framework of the higher direction of the Government and its President, plans and executes the foreign policy of the State, and coordinates action abroad and the foreign service of the State. In addition, in accordance with the Constitution and the laws, representing Spain in all acts of celebration of international treaties, including the expression of the consent of Spain to be bound by them.

Article 7. The Cortes Generales.

1. the Cortes Generales further relations of friendship and cooperation with the parliamentary assemblies and parliaments of other States, in accordance with the principles set out in this law.

2. the Government may request the collaboration of the Cortes Generales for missions of a parliamentary nature and participation in international parliamentary meetings, when it is advisable for the defense of the interests of the State abroad, within the framework of the external action of the State, or for the better enforcement of the guidelines, aims and objectives of foreign policy.

3. the Ombudsman, as a Spanish institution for the promotion and protection of human rights, develops relationships of cooperation and technical assistance with counterpart national institutions in other States and facilitates follow-up independently that periodically perform the international organizations on the situation in Spain's human rights.

The Government may request the collaboration of the Ombudsman to carry out missions before international human rights forums.

Article 8. The armed forces.

1. the armed forces are a basic pillar in the external action of the State, guarantee the security and the defence of Spain and promote an international environment of peace and security.

2. the Government agreed the participation of armed forces in international missions, as part of the concerted effort in the external action of the State, in accordance with the requirements and procedures established by the organic law 5/2005 of November 17, the national defense.

Article 9. Forces and the State security bodies.

1. forces and State security bodies participate in the foreign State's action, and through international police cooperation, promote the maintenance of public security in the international arena.

2. the Government agreed terms participation State security bodies and forces in international missions, in accordance with the organic law 2/1986, of 13 March, forces and security bodies, without prejudice to the powers conferred on other subjects of the external action of the State.

Article 10. The General Council of the judiciary.

1. the General Council of the judiciary contributes to the improvement of international judicial and institutional cooperation and acts abroad, in the exercise of the powers which attributed the international treaties in which Spain is part, EU rules and laws, in the terms laid down in the organic law of the Judicial power and in accordance with the principles set out in this law.


2. the Government may request the collaboration of the General Council of the Judicial power 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 external action of the State, or for the better fulfilment of the guidelines aims and objectives of foreign policy.

Article 11. The autonomous communities and entities that make up the Local Administration.

1. activities that the autonomous communities the autonomous cities and entities that make up the Local Administration can be abroad in the framework of the powers that be conferred by the Constitution, the statutes of autonomy and laws, shall respect the principles which are established in this law and will be adapted to the guidelines, purposes and objectives of foreign policy set by the Government.

2. Likewise, such activities of communities and autonomous cities will be adapted to the planning of external action instruments, prepared and approved in accordance with the provisions of this law and established by the State in the exercise of its powers of coordination in this field, when they defined performance guidelines of the foreign policy of the State or are inserted in the field of international relations of Spain.

The entities that make up the Local Government are subject to planning instruments of external action which determine their respective autonomous communities.

3. actions which are carried out in the exercise of external action may not, in any case, the assumption of the representation of the State abroad, include the conclusion of international treaties with other States or international organizations, the generation, direct or indirect, of obligations or internationally enforceable responsibilities to the State, nor affect or impair the foreign policy that the Government runs. It is in any case for the Government establish measures and guidelines that regulate and coordinate the activities of the autonomous communities and autonomous cities overseas in order to ensure compliance with the provisions of this law.

4. the autonomous communities, autonomous cities and entities that make up the Local Administration may conclude administrative agreements in implementation and realization of an international treaty when the Treaty itself provides for it, qualification authority to do so and being on matters within its competence. You can also celebrate non-regulatory agreements with the similar bodies of other subjects of international law, non-binding legally to those who subscribe to them, on matters within its competence.

The Ministry of Foreign Affairs and cooperation shall before and in accordance with what has the State law governing its celebration, the international administrative agreements and the not normative that these administrations seek to celebrate with authorities or administrative bodies of a subject of international law. For this purpose it shall obtain the report of the ministerial departments competent by reason of the matter and, in any case, of the Ministry of finance and public administration.

Article 12. From the offices of the communities and autonomous cities abroad.

1. the autonomous communities and the autonomous cities shall inform the Government of the establishment of offices for its overseas promotion, prior to its opening. The Ministry of Foreign Affairs and cooperation shall inform the proposal, in accordance with the guidelines, aims and objectives of foreign policy, the strategy of external action and, in particular, with the principle of unity of action abroad.

2. the Ministry of finance and public administration shall inform such a proposal based on the principle of efficiency in the management of public resources as well as from the perspective of its relevance to the skills agenda.

3. when he is devoted to trade promotion offices, also the report of the Ministry of economy and competitiveness shall be sought.

4. the Government will promote the installation of these offices within the premises of the foreign service of the State, where the availability of such a service space, permits unless in any case the installation behave or their integration in the foreign service of the State, nor the application to those offices of the international regulations, especially the collection in the Vienna Conventions on diplomatic and consular relations.

Article 13. Government agencies, State-owned companies, foundations and Consortium member institutions.

1 Government agencies, State-owned companies, public foundations and Consortium member institutions and any other entities linked or dependent on public administrations will act on the outside, in the exercise of their respective functions and competencies, in accordance with the principles set out in this law, and subject to the guidelines, purposes and objectives of foreign policy set by the Government and the planning of external action instruments prepared and approved in accordance with the provisions of this law.

2. the entities mentioned in the previous section, linked or dependent on the General Administration of the State, shall provide information to the ministerial department which depend on or to which they are assigned, on his performances abroad, purposes and objectives of, adaptation to the guidelines and planning documents and results, which will be incorporated into reports that are periodically prepared on foreign State action , in accordance with the regulations in force.

Chapter II areas of the action outside of the State article 14. Areas of the external action of the State and its relationship with foreign policy.

1. the Government, through the Ministry of Foreign Affairs and cooperation, by virtue of the powers that attributed this law and in the manner provided in the planning instruments regulated by it, shall ensure that external action in its various fields, including those listed in articles 15 to 32 of this law is preferentially directed to areas or States that are considered priority for the fulfilment of the objectives of foreign policy.

You can also urge the actions of bodies, subjects and actors in any other areas deemed appropriate, for the achievement of the aims of foreign policy.

2. the various ministerial departments will participate in one or more areas of the external action of the State according to the competences assigned to them by the respective standards of organizational structure.

3. the Government shall inform their initiatives and proposals to the autonomous communities when they affect its powers, and those may request of the organs of the foreign service of the State the necessary support to regional initiatives in the field of its competences.

4. the autonomous communities will participate in the development and implementation of external action in the field of the European Union through the existing mechanisms for cooperation, in particular through the Conference on matters related to the European Union.

Article 15. External action in the field of defence.

1. the performance of the armed forces in the international arena will be framed in the whole of the external action of the State, as an essential element to ensure the security and defense of Spain and to contribute to the international projection of Spain and to the maintenance of international peace and security.

2. the external action of the State defence shall be governed in accordance with the organic law 5/2005 of November 17, the national defense and its implementing regulations.

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

1. external action in the field of human rights will promote the extension, recognition and effective implementation of the fundamental principles defended by the international community of States, democratic and recognized in the own Spanish Constitution, the Universal Declaration of human rights and the other covenants and treaties ratified by Spain on this matter, especially the human rights of the European Union guidelines.

2. in addition, it will promote international cooperation in the field of defence and guarantee of human rights and will this feature work of constitutional outreach.

Article 17. External action on tax matters.

1. external action on tax and Customs shall facilitate compliance with tax and customs obligations and to the fight against evasion and fiscal fraud through the extension of the network of agreements to avoid double taxation and agreements for the effective exchange of information, as well as to expand and refine the cooperation instruments that allow mutual assistance in tax matters in all fields.

2. the strengthening of international cooperation in the fight against evasion and fiscal fraud shall equally constitute a specific principle in tax matters of the eeas, actively participating in international forums and institutions.

3. also promote technical assistance and specialized training, through specific agreements with other States and international organizations, and will be pursued to achieve a presence in the latter.

Article 18. External action in the field of Justice.


1. the external action in the field of Justice will move to promote international legal cooperation, particularly in the judicial field, and the celebration and updating of international agreements.

2. in addition, it will be oriented to the formation and strengthening of the position Spanish with international institutions and the European Union in the field of Justice and civil liberties.

Article 19. External action in matters of public security and Home Affairs.

1. the external action in matters of public security and Home Affairs will take place through international police cooperation, essential element for the prevention and the fight against all forms of transnational organized crime and terrorism, mutual assistance and collaboration with institutions responsible for public security in the outside-oriented. Also you will have intended cooperation with third countries in the field of training and technical assistance in the penitentiary field, civil protection, road safety and support policies to victims of terrorism.

2. the external action in matters of public security and other Home Affairs will move to the formation and strengthening of the position of Spain to the European Union and international organizations, without prejudice to the powers conferred to other subjects of the external action of the State and, where appropriate, in coordination with them.

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

External action on economic, commercial, financial and support the internationalization of the company consist of running on the outside of the policy of the Government in economic matters, improving the competitiveness and financial reforms, which also includes actions relating to international financial institutions, as well as actions aimed at the internationalization of Spanish Enterprise and the economy.

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

The external action in the field of scientific research, technological development and innovation will promote the participation of public and private organizations in programmes and projects scientific, technological or of international innovation, knowledge and networks especially in the initiatives promoted by the European Union. It will also promote the mobility of research personnel and the presence in international institutions or foreign related to scientific and technical research and innovation.

Article 22. External action in the field of employment and social security.

1. the external action in the field of employment and social security will move to the development of actions related to employment, labour relations and social security system that favour exchanges, cooperation and information on these matters, as well as the attention of Spanish workers and Spanish companies abroad.

2. the planning of external action in the field of employment and social security will present initiatives and measures that will boost within the framework of the European Union and from the International Labour Organization and other international organizations and shall include specific exchanges on these matters and the mobility of experts.

Article 23. External action in the field of emigration and immigration.

1. the external action in the field of emigration shall especially ensure the safeguarding of economic and social rights of Spanish workers abroad and orient its policy to facilitate their return.

2. external action on immigration will move to the management of migratory flows to Spain and to reinforce the fight against irregular immigration.

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

External action in the field of development cooperation shall aim to contribute to the eradication of poverty, sustainable human development and the full exercise of rights, through the consolidation of democratic processes and the rule of law, the reduction of inequalities and the promotion of systems of social cohesion and the promotion of women's rights and gender equality; giving a quality response to humanitarian crises.

Article 25. External action in the cultural field.

1. the cultural action abroad shall promote the various manifestations of Spanish culture, to promote the internationalisation of cultural industries, and to cooperate and promote cultural exchanges and knowledge of Spain.

2. the cultural action abroad will serve the objectives of cultural policy and will take into account the commitments arising from the European strategies, the goals established in the Ibero-American context and in UNESCO. The planning of sectoral and geographical priorities of cultural action abroad 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 defence, promotion and dissemination of the cultures of the nationalities and regions that make up the Spanish nation, within the framework laid down in article 149.2 of the Spanish Constitution.

Article 26. External action in education.

1 external action in education will be oriented to the promotion and dissemination of Spanish and other Spanish languages, as well as the promotion and organization of: to) accredited courses for non-university levels of the Spanish education system.

(b) mixed curricula of content of the Spanish education system and those of other education systems.

(c) support programmes within the framework of foreign educational systems for the teaching of Spanish language and culture.

(d) programmes of support to the exchanges in the field of education.

(e) non-formal education of Spanish and the other Spanish languages, their evaluation and certification.

(f) in general, measures may contribute to the Spanish access to the education abroad and to strengthen the projection of Spanish abroad education and culture.

2. Likewise, external action in education will collaborate with the strategies of internationalisation of Spanish universities.

3. the educational action abroad shall comply with the objectives established in the educational policy, commitments arising out of European strategies and goals established in the Ibero.

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

Article 27. External action in the field of sport.

1 outdoor action sports will then move particularly a: to) foster institutional exchanges, sponsorship and sport sponsorship, research and technological development applied to sport and the internationalization of our sports industry.

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

(c) cooperate in the maintenance of security in sports events.

2. in addition, it will contribute to the spreading of the Olympic ideals and the development of the Olympic movement and Paralympic.

Article 28. External action in the field of tourism.

1 external action in the field of tourism will move to the promotion of the image of Spain as a tourist destination and to the planning, development, implementation and monitoring of promotional activities of Spanish in international markets tourism, as well as the support to the commercialization of Spanish tourism products abroad.

2. Likewise, such action shall include the exercise of tourist international tourist organizations both bilateral international relations of a multilateral character, and the promotion of international tourist cooperation.

3. the external action in tourism will include assistance and information to institutions and Spanish tourist companies in their international business and support for its implementation on the outside.

4 it will contribute especially to the dissemination of the image of Spain's overseas tourist action being a decisive aspect in it.

Article 29. External action in agricultural, food, fisheries and environmental matters.

External action in agricultural, food, fisheries and environmental matters will move to the promotion of products and agri-food and fisheries Spanish services, the opening of new markets for these and the removal of commercial or health barriers to them, to conform to the objectives established in the agri-food and fisheries policy and commitments that , in his case, arising of the strategies of the European Union, as well as to the promotion of international action in environmental matters and products and Spanish environmental services.

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 rules that favour a global commitment; promote sustainable energy and productive models allowing to face the consequences of this phenomenon, the generation of sustainable energy models, more efficient uses of energy and the protection of vegetable ecosystems.


2. equally, will promote exchanges, international cooperation, as well as the specialized technical assistance to other States, for the development of the necessary regulatory instruments and sensitization to populations in the global fight against climate change.

Article 31. External action in the field of health.

1 external action in the field of health will be oriented to the protection of the health of the citizens to cross-border health risks of human, animal, food, environmental, or others; cooperation in international health care; the activity of inspection in the field of the foreign health; cooperation in prevention and promotion of the health of the citizens and to cooperation in research and innovation in health and education.

2. the planning of external action in the field of health will take into account the initiatives and commitments arising from the strategies that promote within the framework of the European Union and from the World Health Organization and other international organizations and promote the Spanish presence in health forums of these institutions, as well as the promotion of international treaties , and activities of international cooperation and mobility of experts.

Article 32. External action in the field of energy.

1. external action in the field of energy focusing on the direction, coordination and management of the Affairs and international energy processes of regional and global, as well as the participation in the activities derived from the membership of Spain to international organizations and those derived from both bilateral and multilateral international relations in the field of energy policy. In this sense, will pay special attention to the promotion and development of all the activities necessary for compliance with international commitments and international programmes of cooperation and technical assistance undertaken in these areas and its follow-up.

2. Likewise, promote international cooperation with the aim of improving the competitiveness of the sector, guarantee security of supply, also resulting in the opening of new markets. Therefore, this cooperation will focus on developing and promoting actions to improve the maintenance of bilateral and multilateral relations with the main supplier States of energy, both those key States to promote the internationalisation of Spanish companies in the energy sector.

Article 33. External action in the field of infrastructures, transportation and housing.

The external action in the field of infrastructure and transport will move to improve current levels of security, to strengthen the connectivity of Spain abroad, to increase efficiency and sustainability in the various modes of transport, and the internationalization of companies in the sector of infrastructure, transportation and construction. External action shall comply with the commitments arising from the common transport policy of the European Union, bilateral instruments, as well as the agreements of international organizations of which Spain is a member.

Title II planning, follow-up and coordination of external action article 34. Planning and monitoring of external action.

1. the planning and monitoring of the foreign State's action will take place through the strategy of external action and the report of external action.

2. in the process of elaboration of both instruments will participate, in the terms provided for in the following article, constitutional bodies, public administrations and bodies and entities and institutions of them dependent, acting on the outside.

Article 35. The strategy of external action.

1. the strategy of external action will contain the orderly, sectoral and geographical, expression of priorities and objectives in the medium term of the external action, and collects the set of actions of the organs, agencies and public bodies on the outside to which they endowed with internal coherence.

2. the strategy of external action is made at the initiative of the Ministry of Foreign Affairs and cooperation, jointly with all ministerial departments. Foreign action strategy will integrate proposals for all of them, on the basis of the guidelines, aims and objectives of the foreign policy set by the Government.

3. in addition, the Ministry of Foreign Affairs and cooperation shall seek and integrate, as appropriate, proposals for external action of constitutional, communities and autonomous cities and local authorities. The non-integration of the proposals of the organs and bodies mentioned in the preceding paragraph shall be reasoned and based on the appropriateness to the guidelines, purposes and objectives of foreign policy set by the Government.

4. the strategy of external action is approved by resolution of the Council of Ministers, on the initiative of the Minister of Foreign Affairs and cooperation, report of the Board of foreign policy, and will have a duration of four years. The Government may approve it by a lower period, when there are circumstances that thus make it necessary or advisable due to it.

5. prior to its approval, the Government will send foreign action strategy to the Cortes Generales for their knowledge and debate. The Minister of Foreign Affairs and cooperation would appear, at least once a year, in each of the two chambers, to take stock of the fulfillment of the strategy of external action.

Article 36. Promotion of the image of Spain and informative action abroad.

1. in the process of elaboration of the strategy of external action, the Presidency of the Government and the ministries of the Presidency and of Foreign Affairs and cooperation they shall ensure the integration on the same measures in all sectoral areas, for the promotion of the image of Spain abroad.

2. for these purposes, it shall obtain all bodies, administrations, agencies and entities involved in the development of the strategy of external action a proposal in which you define media, actions, instruments and tools, especially of public diplomacy, deemed appropriate for the promotion of Spain abroad. The organs, agencies and entities, dependent organic and functionally and attached to the ministerial departments, will present their proposals through these.

3. in external action plans for the promotion of the Spain brand adopted by the Government will develop forecasts contained in the strategy, through concrete actions, objectives, indicators and monitoring and evaluation.

4. the diplomatic missions will provide the necessary elements for the elaboration of annual plans. To this end they shall take account opinion and contributions of the advice of residents abroad, with special reference to the perception of Spain and the cultural singularities, sociological and political that must take into account the actions for the promotion of Spain in their respective geographical area of action. In this regard, encourage public-private partnerships and the participation of enterprises.

5. the Ministry of the Presidency, in the exercise of its powers, will coordinate information outside of the Government, the information services of the foreign State service and coverage international action of governmental activity, without prejudice to the powers attributed to the Ministry of Foreign Affairs and cooperation in the field of promotion of the external image of Spain.

Article 37. The annual report of external action.

1. in the annual report of external action you will notice of the implementation of the strategy of external action, carried out actions, the objectives achieved and resources applied to his achievement. To be developed on the initiative of the Ministry of Foreign Affairs and cooperation, jointly by all the ministerial departments, and with the participation of agencies and public entities dependent on the General Administration of the State acting on the outside, as well as communities and autonomous cities and local authorities.

2. Likewise, in the annual reports you will notice modifications and necessary adjustments of the priorities and objectives contained in the strategy of external action, which have due to circumstances which have arisen and changes in the international context.

3. the annual report of external action will be approved by agreement of the Council of Ministers and published in the «Official Gazette», on the proposal of the Minister of Foreign Affairs and cooperation, foreign policy Council report. Also, it shall be sent to the Cortes Generales, for their knowledge.

Article 38. Foreign Policy Council.

1. the foreign policy Council is the collegiate body of support and advice to the President of the Government in carrying out its role as management and coordination of foreign policy.

2. the foreign policy Council exercises competences that attributed this law and especially the advise to the President of the Government in the exercise of their jurisdiction ensure that the external action of the State develops in accordance with the principles set out in this law, and subject to guidelines, aims and objectives of foreign policy set by the Government and to planning instruments approved in accordance with this law.


3 in addition, and in the form in which it is established in the following article, the foreign policy Council shall advise the President of the Government on the management of the foreign service of the State media.

Article 39. The Executive Council of foreign policy.

1. the Executive Council of foreign policy is the College formed in the heart of the Council's foreign policy for the proper exercise of its powers to which corresponds to execute actions assigned to it. In particular, it will promote the elaboration of management plans of the human, budgetary means and materials that make up the foreign service of the State, ensuring a better allocation of public resources, in accordance with the principle of effectiveness and efficiency, and urge the relevant bodies in each case for approval.

2. every two years, or at any time, when changes in the external context or causes which have arisen so warrant, at the initiative of the ministerial departments, foreign policy Executive Board shall prepare a report, which will elevate to the plenary of the Council's foreign policy, to advise the Prime Minister on the adequacy of the deployment and structure of diplomatic missions, permanent representations and consular offices in order to provide maximum efficiency to the foreign service, in compliance with the guidelines, purposes and objectives of foreign policy and maximum efficiency in the allocation and use of public resources, in the framework of the strategy of action outside of the State.

Article 40. Consular emergency group.

1. in order to ensure the care and protection of Spanish citizens abroad, the foreign policy Council will be in its bosom a consular emergency group, chaired by the Minister of Foreign Affairs and cooperation, when there is a situation of war, security crisis, natural disaster, emergency health or food or any other kind which requires the coordination of various bodies and agencies of the General Administration of the State.

This group shall be constituted when the situation affecting the Spaniards abroad is not being object of study or management by any other group or Committee with specific competence in the matter. A representative of the Ministry of communication will be integrated into the group.

2. the group will raise the appropriate recommendations to the President of the Government on the measures and actions it deems necessary or convenient to provide assistance and protection to the affected Spaniards.

3 when the Government, in a consular emergency, decides to intervene in operations of assistance abroad, which behave the use of State budget resources, it may require the repayment of all or part of them who have been voluntarily exposed to risks which the Ministry of Foreign Affairs and cooperation reported in its travel recommendations published and updated promptly, in relation to security conditions in the various States and regions of the world.

Title III of the General Administration of the State abroad: the foreign service of the State article 41. The foreign service of the State.

1. the foreign service of the State is comprised of organs, administrative units, institutions and human and material resources of the General Administration of the State acting on the outside, under the unit hierarchical Ambassador and organic and functional of the respective ministerial departments, and without prejudice to the provisions in article 45.4.

2 corresponds to the foreign service of the State provide elements of analysis and assessment required that the Government formulate and execute foreign policy, develop its external action, and coordinate the of all subjects of the external action of the State referred to in article 5 of this law; as well as to promote and defend the interests of Spain abroad.

3. Likewise, it is providing assistance and protection and facilitate the exercise of their rights to the Spaniards abroad, assist Spanish companies abroad, as well as exercise all those powers which it has under this law and the regulations in force.

4. in the exercise of its functions, the service outside of the State will act according to the rules of Spanish domestic law, law of the European Union, of international law and with respect for the laws of the foreign States in which it operates.

5. in view of the peculiarities of the international scope in that it develops mainly its activities, may establish specific rules for the foreign service of the State in management of personnel, administration and economic management, procurement, information security, defence at trial of the State abroad and any others that may be necessary for the exercise of their functions.

Chapter I Organization of the service outside of the State article 42. Of the missions diplomatic permanent and the permanent representation to the European Union and other international organizations.

1. permanent diplomatic missions represent Spain with this character before one or several States with which it has established diplomatic relations. When a mission represents Spain in several States it will do so in multiple accreditation scheme and with residence in one of them.

2. permanent representations represent this character Spain before the European Union or an international organization. They will have the character of representations of observation when Spain was not part of the Organization to which they are accredited.

3. diplomatic missions and permanent representations shall exercise all functions that credited the current regulations, general international law and international treaties which Spain is a party and the rules applicable to the European Union or the international organization against which the representation is accredited.

4 in particular, corresponds to the permanent diplomatic missions: to) representing Spain to the receiving State.

(b) protecting in the receiving State the interests of Spain and those of its nationals within the limits permitted by international law. In those States where there are no consular offices, or exist in different cities of where lies the diplomatic mission, consular functions shall be exercised by this, through its consular section.

(c) negotiate with the Government of the receiving State.

(d) report of the conditions and developments in the receiving State and transfer such information to the Spanish Government.

(e) promoting friendly relations and develop relations with the receiving State in all areas of external action.

(f) cooperate with instances of external representation of the EU in the identification, defence and promotion of the interests and objectives of its external action.

5. the creation and deletion of permanent diplomatic missions and permanent representations will be made by Royal Decree of the Council of Ministers, on the initiative of the Ministry of Foreign Affairs and cooperation, and on the proposal of the Ministry of finance and public administration, following a report of the Executive Board of foreign policy.

6. the creation and deletion of the specialized technical bodies referred to in article 45.3, insofar as they involve modification of the structure of the mission or representation, will be held by Royal Decree, at the initiative of the competent Ministry, following a report from the Ministry of Foreign Affairs and cooperation, and on the proposal of the Ministry of finance and public administration, following a report of the Executive Board of foreign policy.

7. the Ministry of finance and public administration will approve posts of permanent diplomatic missions and permanent representations of relations, report of the Executive Board of foreign policy.

Article 43. The functions of the diplomatic missions and permanent representations in the external action of the State.

1. diplomatic missions and permanent representations run and develop the foreign policy and the foreign State's action. For this purpose, guidelines, aims and objectives of foreign policy and external action strategy form the backbone of the actions of all organs and administrative units overseas.

2. the diplomatic missions and permanent representations are the main instrument for the development of the external action of all organs, agencies, and public entities with international projection. The instructions that the various organs, agencies and entities move to the head of mission or representation for the development of external action in their respective fields, must comply with provisions of the strategy of external action and it will study through the Ministry of Foreign Affairs and cooperation, without prejudice to the provisions of article 45.5 with respect to specialized technical bodies.

Article 44. Head of the mission.

1. the head of the permanent diplomatic mission shall be exercised by an Ambassador Extraordinary and Plenipotentiary, who will hold the representation and 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 Chargé d'affaires with Cabinet cards.


The King shall accredit, through the corresponding credentials, heads of diplomatic mission and permanent representation. You will be credited to those responsible for business through Cabinet letters signed by the Minister of Foreign Affairs and cooperation.

2. the head of mission or representation, organic and functionally dependent on the Ministry of Foreign Affairs and cooperation, represents the whole of the administration of the State and has superior head of the staff of the mission or representation. It corresponds to the head of mission from the permanent representation, the exercise of the functions which the article 42.4 attributes to the diplomatic missions or diplomatic and all that attributed to laws, international law and the international treaties which Spain is a party.

3 corresponds to the head of mission or permanent representation the direction of the diplomatic mission or permanent representation, as well as the coordination of external action and the foreign State service in the State or organisation of accreditation, in accordance with the guidelines, purposes and objectives set by the Government for foreign policy, and in accordance with the principle of unity of action abroad and the other principles which are reflected in article 3 of the law. In the exercise of these functions, it will propose to the Government, through the Ministry of Foreign Affairs and cooperation, the areas of external action deemed more relevant or appropriate for the fulfilment of the objectives of foreign policy in the country or accreditation organisation.

The head of the diplomatic mission or permanent representation shall inform the members of the mission or representation of the issues to affect the performance of their duties and will receive timely information on their activities. Similarly, oversee, coordinate and promote the activity of the units and organs that make up the mission.

4. the ambassadors shall be appointed and shall be terminated by Royal Decree agreed at Council of Ministers a proposal of the Minister of Foreign Affairs and cooperation. Business makers with letters of Cabinet will be appointed by order of the Minister of Foreign Affairs and cooperation. Ambassadors Extraordinary and Plenipotentiary, permanent representatives ambassadors and Chargés d'affaires with Cabinet cards shall be designated among officials of the diplomatic career in the form determined by law, notwithstanding that the Government, in the exercise of its discretion, can appoint ambassadors to persons not belonging to the diplomatic career. The proposal for designation will be, in any case, according to criteria of professional competence and experience, in accordance with paragraph 10 of article 6 of law 6/1997, of 14 April, of organization and functioning of the General Administration of the State.

5. in the case of Ambassadors representatives permanent international organizations whose sphere of action is matched in whole or in part with the powers of a ministerial department, the proposal of appointment and dismissal by the Minister of Foreign Affairs and cooperation will be following a report of the Department.

6. once appointed, the Ministry of Foreign Affairs and cooperation provided to each Ambassador a letter of instructions, in which the guidelines of the Government, aims and objectives of foreign policy towards the State or international accreditation organization, as well as aims, objectives and guidelines of the external action of the State, in accordance with the strategy of external action and the information that is collected from the departments in this regard are collected Autonomous communities and agencies of them dependent.

7. the Minister of Foreign Affairs and cooperation shall notify the Commission of Foreign Affairs of the Congress of Deputies all appointment of ambassadors, to the effects of possible request to inform its members about the objectives of his mission, according to the guidelines received in your letter of instructions. The Joint Committee for the European Union may request the attendance of the Ambassador and Permanent Representative to the European Union.

8. in cases of vacancy, absence or impossibility of performance of the head of mission or representation, the head of mission or representation will be played by the Counsellor and, in his absence, by the diplomatic officer who render their services in the Ministry of Foreign Affairs diplomatic and has greater administrative category or, in the same category, by the oldest.

Article 45. Organization of the diplomatic mission or permanent representation.

1 diplomatic mission or permanent representation is made up of: to) the Chief of the diplomatic mission or the permanent representation.

(b) the Ministry of Foreign Affairs diplomatic).

(c) firms, Attaché offices, sectoral, economic and commercial offices, technical offices of cooperation, cultural centers, centers of formation of the Spanish cooperation, including Instituto Cervantes.

(d) where applicable, the common services section.

2. the Ministry of Foreign Affairs diplomatic developed diplomatic, consular functions, of cooperation, as well as the political nature and the representation.

Contributes to the development of other areas of external action, especially where acting specialized technical bodies than those provided in the following section.

The headquarters of the diplomatic Chancellery shall be exercised by official diplomatic who performs the second head of the diplomatic mission or the permanent representation in international organizations, under the direction of Permanent Representative, or Ambassador. The Council of Ministers may appoint the latter as Ambassador Deputy Permanent Representative in the form determined by law.

3. firms, Attaché offices, economic and commercial offices, technical offices of cooperation, sectoral offices, cultural centers and formation of the Spanish cooperation, and Instituto Cervantes centres are specialized technical bodies of the diplomatic mission or permanent representation which, under the hierarchical authority of the Ambassador, lend advice and technical support and assist to this and the Mission in the performance of their duties in the development of the areas of external action, without prejudice to its organic and functional dependence of their respective departments their internal organisation and budget corresponds to that.

4. the common services section, where he is established or expanded, in accordance with the proposal of the Executive Board of foreign policy under the cover of the sixth additional provision, and prior favourable report from the Department of which depend on the corresponding resources, is the administrative unit that manages services and resources shared by the various units referred to in paragraph 1 (((, lyrics to), b), c), of this article. The common services section will be headed by a Chancellor, career officer, accredited as administrative attaché to the receiving State, or according to the importance and size of the mission, by an officer of the A1 subgroup accredited as adviser.

5. the councils and sectoral Attaché offices and other specialized organs communicate directly with the ministerial departments that depend on or with the competent in the matter in question, and these with those, and must keep simultaneously informed the head of the diplomatic mission or the permanent representation. Instructions that ministerial departments pursue its technical bodies abroad shall comply with provisions of the strategy of external action.

Article 46. Delegations and special diplomatic missions.

1 special diplomatic missions representing the Kingdom of Spain temporarily to one or more States, with their consent, for a specific purpose, or to one or several States where there is no permanent diplomatic mission or all States, for a special purpose.

The special diplomatic mission will be created at the initiative of the Ministry of Foreign Affairs and cooperation and a proposal from the Ministry of finance and public administration, following a report of the Executive Board of foreign policy, by Royal Decree, which shall be fixed its mission and criteria to determine the beginning and the end of the mission.

The head of mission shall be appointed by Royal Decree approved by the Council of Ministers, on a proposal from the Minister of Foreign Affairs and cooperation, with the title of Ambassador on special mission, according to the procedure laid down in article 44 for the appointment of ambassadors.

2. the delegations representing 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 a particular event organised by a third State that is required to form a delegation official.


The delegations shall be presided over by the bodies bearing the representation of the State abroad: the head of State, head of Government or Minister for Foreign Affairs and cooperation. When the delegation must be presided over by the owner of another organ, it is authorized by the Council of Ministers, by Royal Decree, on a proposal from the Ministry of Foreign Affairs and cooperation, when it comes to represent the State against another State, or by the Minister of Foreign Affairs and cooperation, through the corresponding plenipotencia, to the representation of the State before organs of international organizations or international conferences.

Article 47. Consular offices.

1. consular offices are the organs of the Administration General responsible for the exercise of consular functions State and especially provide assistance and protection to the Spaniards abroad. Consular offices shall exercise the functions attributed to legislation, international law and the international treaties which Spain is a party.

2. the creation and abolition of consular career consular agencies offices will be held by Royal Decree of the Council of Ministers, on the initiative of the Ministry of Foreign Affairs and cooperation, which depend on organic and functionally, and a proposal from the Ministry of finance and public administration, following a report of the Executive Board of foreign policy.

3. in the course of integration in the consular offices of specialized technical bodies analogous to those referred to in article 45.3 of this law, its creation and suppression, insofar as they involve modification of the structure of the Office, will be made by Royal Decree, a joint initiative of the Ministry of Foreign Affairs and cooperation and of the competent Department, and on the proposal of the Ministry of finance and public administration , report of the Executive Board of foreign policy.

4. the Royal Decree of creation shall determine the territorial scope of the consular demarcation and the premises of the Office. Corresponds to the Ministry of finance and public administration approve job relations to consular offices, on the proposal of the Ministry of Foreign Affairs and cooperation and the report of the Executive Board of foreign policy. This same procedure will apply to the creation and approval of the structure of the dependent of a Consular Office of career consular agencies.

Article 48. Kinds of consular offices and organization.

1. consular offices may have a career and honorary. The first category of Consulate-General or Consulate will be able to and will be directed by diplomatic officials. The second will be in charge of honorary consuls and may be honorary consulates or Viceconsulados fees. Law, international law and treaties to which Spain is a party, determine the functions and powers of each type of consular office. The honorary consular offices will be created by order of the Minister of Foreign Affairs and cooperation.

2. the head of the Consular Office of career will be designated by order of the Minister of Foreign Affairs and cooperation between diplomatic officials and will be provided with a clear Charter or other instrument admitted by law international, granted by his Majesty the King with the endorsement of the Minister of Foreign Affairs and cooperation, which will consist as well as your name and personal category, the consular district and the headquarters of the Office in charge.

3. the head of the Consular Office will serve as headquarters and address of all services and staff of the Consular Office. Coordinate and, by delegation of the head of the mission diplomatic standing corresponding, will give instructions to the consular agencies and honorary consular offices in his constituency. The consuls general shall exercise the same functions with respect to the career consulates established in his constituency.

4. consular offices of race will have an administrative section, in charge of a Chancellor and, where appropriate, with the sections whose composition and functions are established in the Royal Decree of creation. In those consulates or consular agencies which integrates sectoral offices may also establish a section of common services, which allow the integrated administrative management services to be determined, in accordance with the provisions of this law.

5. the consular agencies are dependent on a Consular Office of career offices, created in different locations than the one where it is located the Office which depend, in order to decentralize its management, and will be in charge of a diplomatic official. Those agencies depend on Consulate-general or Consulate in whose district they are located and their functions shall be fixed by mutual agreement between Spain and the competent authorities of the receiving State, within the limits and legal provisions of the applicable international regulations.

6. the heads of career Consular Office adjusted its performance to the instructions of the Ministry of Foreign Affairs and cooperation and the head of the permanent diplomatic mission of that jurisdiction, except in matters of public faith, civil registration or voluntary jurisdiction, in which will be subject to the legislation of Attorney, registration and procedure for the exercise of these functions and resolutions instructions and circulars of the General direction of the registers and notaries.

The heads of the consular offices may also receive instructions from the corresponding ministerial departments for the development of other fields of external action, through the head of the respective diplomatic mission.

Chapter II of the foreign service of the State within the framework of the European Union and the Ibero-American community of Nations article 49. Addition to delegations of the European Union, joint diplomatic missions and joint specialized technical bodies.

1 the Government, at the initiative of the Ministry of Foreign Affairs and cooperation and a proposal from the Ministry of finance and public administration, following a report of the Executive Board of foreign policy, may agree with the bodies of the European Union or its Member States: to) the creation of diplomatic mission joint with other members of the European Union in third countries especially where there are no delegations of the European Union.

(b) the establishment of cultural offices joint in third States, to disseminate the principles and values on which the Union is based.

(c) the establishment of joint sectoral offices in third countries, a joint initiative with the competent Department by reason of the matter.

(d) the incorporation of Spanish officials to delegations of the European Union in the States in which Spain has no permanent diplomatic mission, to perform certain functions of the Spanish foreign service.

(e) that the Spanish foreign service officers share common services with the delegations of the European Union or the permanent diplomatic missions of other Member States.

2 offices cited in the letters b) and (c)) of the previous paragraph will be integrated in the delegations of the European Union, the Spanish diplomatic mission or in the Member State that its opening is agreed.

In the agreements that formalize with the institutions of the European Union or of the competent Member States, the conditions governing these missions and joint specialized technical bodies will be realized.

Article 50. Consular offices, jointly with Member States of the European Union.

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 administration, following a report of the Executive Board of foreign policy, may agree with other members of the European Union the creation of joint in third States consular offices, as well as sharing common services with other Member States consular offices , particularly in the area of Schengen visas.

2. in agreements that formalize with the competent authorities the conditions governing these offices will be realized.

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

The Government will promote the candidacy of Spanish officials to the relevant bodies of the European Union and international organizations of which Spain is a party, with the aim of promoting foreign policy and security of the European Union, and multilateralism.

Article 52. Creation of joint specialized technical bodies in 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 action, the Government, a joint initiative of the Ministry of Foreign Affairs and cooperation and the competent by virtue of the matter, and on the proposal of the Ministry of finance and public administration, following a report of the Executive Board of foreign policy, it may agree with the competent bodies of the States comprising the Ibero-American community of Nations the creation of sectoral offices joint in third countries, for the development of specific areas of external action.


In addition, the Government will promote agreements with the States of the community Iberoamericana of Nations in order to facilitate the reciprocal incorporation of officials of their respective foreign services in the diplomatic missions in third countries.

In the agreements that formalize with the competent authorities, the conditions governing these missions and joint sectoral offices will be realized.

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

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

Chapter III article 54 foreign service staff. Kinds of personnel.

1. the staff of the General Administration of the State abroad will be integrated by public officials and staff.

2. the staff of the administration of the State will be considered foreign service personnel during the time period in which intended and occupy jobs in the relationships of jobs of the diplomatic missions, consulates, permanent representations or representations. At the end of their destination they must return to a job in the Ministry of allegiance or the Department that provided services before occupying a square in the foreign State service, in accordance with provisions in the civil service regulations, unless operating guarantee allocation of a new job in the town of destination abroad.

3. in the case of delegations from the European Union or joint missions with members of the same, or international or intergovernmental organizations, only will be considered Spanish Foreign Service staff personnel who occupy a post in the relationship of jobs of the General Administration of the State and not one who occupy jobs of the European foreign service or international or intergovernmental organization.

4. the registry staff, the Ministry of finance and public administration Central Act, according to its registration area, as an instrument of information for the management of human resources of the General Administration of the State for the external action of the State, putting at the disposal of the Executive Board of foreign policy, the obrante information in the same.

Article 55. Of the bodies that make up the foreign service with functions assigned exclusively.

1. officials of the diplomatic career, which are subjected to a regime of compulsory mobility outside Spain, constitute the General State administration body, attached to the Ministry of Foreign Affairs and cooperation, who by their specific preparation are assigned the functions of political, diplomatic and consular, as established under international treaties in force , by what posts that have assigned those functions are assigned exclusively to such officials.

The jobs of economic and commercial Counselor of economic and trade offices shall be directed exclusively to officials belonging to the upper body of technical trade and State economists, by reason of its specific preparation and the functions of these posts.

2. the functions of the other positions, corresponding to the specialized organs mentioned in article 45.3, other than those included in the previous section will be developed by appointed officials in them by the ministerial department that they depend on organic and functionally, your coverage may be reserved or established a certain preference for certain bodies of officers when so provided by law.

Article 56. Inspection of services and disciplinary power.

1. the inspection of foreign service providers will be the dependent of each ministerial department. In certain cases, this may be entrusted to the General inspection of the Ministry of finance and public administration, without prejudice to the application of their specific rules. Regulations will determine the form and circumstances in which such charges may be made.

2. without prejudice to the hierarchical dependency of the head of mission, the disciplinary authority shall be exercised by the dependence of the public employee Department.

Article 57. Appointment, dismissal and accreditation of foreign service personnel.

1. the jobs whose holders need to be accredited as diplomatic or consular staff will be covered by the free appointment procedure, officials, or procedures for the provision thereof by reason of their membership in a body with functions assigned exclusively.

2. the appointment will be the Department of dependency, according to criteria of professional competence and experience in accordance with its specific legislation and with the principles of equality, merit and ability. Its will also be competition from the appropriate Department.

3. the accreditation of the staff of the foreign service to the host State or the international organization, as the case may be, is the Minister of Foreign Affairs and cooperation.

Article 58. The training of the personnel of the foreign service of the State.

1. the Ministry of Foreign Affairs and cooperation, in collaboration with other departments, will promote continuous training of the staff of the foreign State service, that serves the better performance of its functions, to provide citizens of an efficient public service and quality and the promotion of the professional career.

2. the school diplomatic, under the Ministry of Foreign Affairs and cooperation, is Center of training of personnel of the foreign service of the State and will promote the training of such personnel in matters inherent to the same.

3. the diplomatic school is, in addition, the Centre of main training for officials of the diplomatic career, and in the form in which it is determined according to the rules, taught courses and materials needed to provide the necessary training for the professional promotion of such officials, in particular in the areas of foreign, diplomatic and consular relations and cooperation that taught in collaboration with the Spanish Agency of international cooperation for development.

4. the diplomatic school will establish, through appropriate agreements of collaboration or instruments envisaged in legislation, mechanisms to collaborate with other centres training, public and private, Spanish and foreign, that articulate a wide formative offer, ensure quality training and provide qualifications of reference in the field of international relations.

5. the diplomatic school maintained links with schools and similar centers in other States, especially of the Ibero-American context, for the purpose of exchanges of teachers and students, and can provide specific courses for upgrading and specialization of other foreign service staff.

6. the ICEX Spain export and investment, through the Centre for economic and business studies, is training center of the General Administration of the State in the field of Economics and international trade and foreign investment and promote the training of personnel of the foreign service matters from its scope.

Chapter IV of the relatives of officials of the foreign service section 59. Support to families.

1. in implementation of the policy of the Government of reconciliation, of family and working life and for the benefit of a better performance of the functions of the foreign service the Government will establish conditions so that family members may accompany the officials abroad.

2. the central bodies of the State foreign service families will provide assistance in the preparation of its output abroad, particularly in the field of information on living conditions in the country of destination. They will also facilitate access to knowledge of languages and ability to work for the spouses and couples indeed.

3. the Ministry of finance and public administration regulations determine the conditions in which the officials of the General Administration of the State abroad can receive aid to provide their school age children an education of quality comparable to the Spanish public system.

4. the officials of the General Administration of the State abroad and their beneficiaries shall have the right to to provide them access to health coverage similar to that it would be providing its services in the Spanish territory. In the case of membership the regime of administrative mutualism, healthcare abroad will be pursuant to the rules governing specific.

Article 60. Work of relatives in abroad.

1. the Government, through the action of the Ministry of Foreign Affairs and cooperation, encourage the conclusion of international treaties that allow paid to spouses or partners in fact activities accompanying the officials in your destination abroad.


2. the spouse or common-law partner made the personal officer or labor in the service of the General Administration of the State or its agencies dependent on the occasion of the fate of the latter on the outside move their residence abroad and have the status of official or other staff of the General Administration of the State or its agencies and dependent public entities It will take precedence, in competition with other applicants and that there always is equal merits between them, for the coverage of jobs existing in the General Administration of the State and its dependent agencies abroad. In the case of jobs covered by contract of employment, the duration of this contract will be subject to the permanence of the spouse or common-law partner in fact in your destination abroad.

First additional provision. Strategy of action outside of the State.

Within the period of six months from the entry into force of this law, the Ministry of Foreign Affairs and cooperation rise to the Council of Ministers the proposal of action outside of the State strategy for the 2013-2017 period, prepared in accordance with the provisions of article 35 of this law.

Second additional provision. Annual report of external action.

In the first quarter of the year following the adoption of the strategy of action outside of the State, the Ministry of Foreign Affairs and cooperation will raise the first report of external action for adoption by the Council of Ministers.

Third additional provision. Report on the deployment of the foreign service of the State.

Within the period of six months from the entry into force of this law, foreign policy Executive Board will draw up the report on the situation of real estate and the personal and material resources of administrative units and institutions abroad dependent of the General Administration of the State, as well as the adequacy of the deployment of the foreign service of the State laid down in article 39 of this law.

Fourth additional provision. Review of the workforce abroad.

Within the period of twelve months from the entry into force of the law, the Ministry of finance and public administration, after consultation with the ministerial departments with workforce abroad, shall draw up a report on the situation, conditions and conditions of employment of the workforce abroad, in order to optimize and order the management of human resources of the General Administration of the State and its public agencies overseas. For the preparation of the report, the Ministry of finance and public administration may request the collaboration of the ministerial departments concerned.

Fifth additional provision. Report on situation of the spouses / partners of the personal officer or labour displaced.

Within the period of six months from the entry into force of this law, the Ministry of finance and public administration will prepare a report on the situation of the spouses / partners of the personal officer or labour displaced, that does not have the status of public employee, with respect to their possible access to coverage of jobs existing in the General Administration of the State and its dependent agencies abroad.

Also, it shall draw up a report about the possibility of spouses or partners can in fact of such personal official or labour displaced maintain acquired rights or in course of acquisition in terms of seniority, pensions and passive of the Spanish social security system rights, and therefore voluntarily pay dues corresponding to periods prior to the entry into force of this law.

Sixth additional provision. Efficiency and savings in the foreign service of the State.

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, 27 de Abril, budgetary stability and sustainability financial, management of administrative units and institutions of the public administrations on the outside will be efficiency, efficiency-oriented economy and quality, for which purpose apply policy of rationalization of expenditure and improving the management of the public sector.

In particular, in the State, both planning of media whose development is promoted by the Executive Council and the report on the deployment of the foreign service referred to in article 39 of this law shall orient themselves and respond to the above principles.

2 the management of administrative buildings of the State abroad shall be carried out in accordance with the principles of: to) comprehensive and integrated planning of the needs of real estate of administrative use.

(b) optimization of the number of occupied buildings, giving priority to the use of common premises grouping units belonging to different departments and agencies with presence abroad and ensuring the reduction of the number of leases whenever possible according to the needs of the service.

(c) return on investments in real estate, ensuring maximum productivity of the administrative services that are located in the same.

For these purposes, the Executive Board of foreign policy, study of the situation of the buildings on the outside, it may submit proposals, both General and specific, to use of these real estate resources from the State to the effect that the Ministry of finance and public administration, following a report of the Commission for coordination actions real estate and property finance, can fix the corresponding criteria.

3. the ministerial departments integrated in a same venue will contribute to their financing in the terms established in the relevant protocols or agreements of cooperation and in accordance with mechanisms foreseen in law 47/2003, of 26 November, General budget.

4. in compliance with the principle stated in paragraph 1 of this provision the integration will be promoted in the property of the State of the units or services outside of autonomous regions, local entities or agencies and entities dependent on them, as well as its adherence to the centralization of procurement schemes and spending abroad through any of the mechanisms and procedures provided for in the legislation in force.

Seventh additional provision. The military regime.

Given the special characteristics of the armed forces, of discipline, hierarchy and unit, the provisions of title III of this law shall apply without prejudice to the provisions of the organic law 5/2005 of November 17, national defense, and law 9/2011, of 27 July, rights and duties of members of the armed forces in the organic law 8/1998, of December 2, regime disciplinary of the armed forces, law 13/1985 of 9 December, the Military Penal Code, in the law 39/2007, of 19 November, military career and the Royal Ordinances for the armed forces, approved by Royal Decree 96/2009 of 6 February.

The eighth additional provision. Exclusion of public schools and medical centers abroad.

The provisions contained in title III on the external service of the State will not apply the educational centers of public ownership abroad, nor to the assistance centers of the Social Marine Institute abroad, which are governed by their own rules.

Ninth additional provision. The Cervantes Institute.

The Instituto Cervantes will contribute to the dissemination of the culture and language abroad, in coordination with other competent bodies of the General State administration, and in collaboration with the autonomous communities, without prejudice to the promotion of the other co-official Spanish languages.

Tenth additional provision. Appointment and dismissal of the staff of the permanent representation of Spain to the European Union.

The appointment and the dismissal of the staff of the permanent representation of Spain to the European Union will take place in accordance with the provisions of article 4 of the Royal Decree 260/1986, of 17 January, by which creates the permanent representation of Spain to the European communities.

First tenth additional provision. Provision of officials from the General Administration of the State.

The Government, through the relevant ministries on the basis of matter and prior favourable report from the Ministry of finance and public administration, can celebrate, with the autonomous communities and the autonomous cities that so request it to establish the conditions under which service may occur in those officials of the General Administration of the State to collaboration agreements , by its specific preparation, have assigned functions related to affected areas.

The provision of services will be for assistance and support to those in the field of actions within the framework of its powers with international projection and in accordance with the procedures of mobility or provision of jobs provided in the civil service regulations.

Second tenth additional provision. Provision of services by officials in the European external action service.


The Government will take appropriate measures to ensure the opportunities afforded by the European external action service staff pay or has served in the foreign service of the State, and to facilitate their access and incorporation therein.

Tenth additional provision three. Modification of the status of the diplomatic school.

The Ministry of Foreign Affairs and cooperation and the Ministry of finance and public administration will analyze the feasibility of the transformation of the status of the diplomatic school to its configuration as a training center to obtain resources from training activity which is its object.

Fourth tenth additional provision. No increase in public spending.

The measures included in this law may not pose increased allocations of fees or other expenses of the whole of the personnel of the foreign service and will be informed prior to its application by the General direction of costs of staff and public pensions.

Fifth tenth additional provision. Assistance to new immigrants.

The diplomatic missions and consular offices assume attention to new Spanish emigrants, especially in those States where there is a greater flow of arrivals, in order to facilitate both their work and personal integration in the host country, and, insofar as possible, facilitate the return to Spain to those immigrants who want to return as one of its priority objectives.

To do so, in their relations with the Government and the various authorities of the State where lie, carried out systematic planning of contacts and relationships that address the employment and social situation of this group, favouring, among other measures, their inclusion in existing support programmes or encouraging actions that might favor them, related to housing, language courses and job opportunities. In its direct relationship with the new emigrants, they shall endeavour to adapt their hours of operation and enhance electronic communication channels, which improve the task of assistance and protection to these citizens.

Sixth tenth additional provision. Requirements for the realization of translations and interpretations of an official nature.

Translations and interpretations of a foreign language to English and vice versa will have only official if they are made by who is in possession of the title of sworn that grants the Ministry of Foreign Affairs and cooperation. Requirements for the granting of this title, as well as other elements that make up its legal regime, will be developed according to the rules. In any case, for the granting of this title it will be necessary to have a degree or equivalent title.

The official nature of a translation or interpretation implies that this can be provided before judicial and administrative bodies in the terms to be determined by regulation.

The sworn shall certify with his signature and seal the fidelity and accuracy of translation and interpretation.

Translation and interpretation made by a sworn may be reviewed by the Office of interpretation of tongues of the Ministry of Foreign Affairs and cooperation at the request of the holder of the body administrative, judicial, registry or authority who is present.

Sole repeal provision. Repeal legislation.

They are hereby repealed many provisions of equal or lower rank is contrary to the provisions of this law and, in particular, the Royal Decree 632/1987, of May 8, on organization of the Government abroad.

First final provision. Modification of the law 23/1998 of 7 July, international cooperation for development.

One. Delete the reference to paragraphs 1 and 3 of article 8; 2 and 3 of article 15; Article 16; paragraph 3 of article 19; paragraph 3 of article 22; paragraph 2.c) of article 23; and paragraph 2 of article 24 of the law 23/1998 of 7 July, international cooperation for development makes the annual Plan or annual plans.

Two. These precepts are written as follows: «article 8. Planning.

1. the Spanish policy of international cooperation for the development of the General Administration of the State will be set through master plans.

2. the Plan Director, 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 cuatrienalmente and will contain guidelines and general basic guidelines of the Spanish policy of international cooperation for development, pointing out the objectives and priorities as well as the indicative budgetary resources that will guide the actions of the Spanish during this period cooperation incorporating the strategy documents relating to every sector of cooperation, geographical area, and countries which are the preferential subject of cooperation.

Article 15. The Congress of Deputies.

2. the Cortes Generales discussed annually, in the manner and mode to be determined and proposal and initiative of the Government, the Spanish international development cooperation policy and inform the annual communication concerning the implementation of the Master Plan and the annual evaluation report, in accordance with the regulations of the Chambers.

3 shall constitute a Committee of international development cooperation in the Congress of Deputies and the Senate, in accordance with the regulations of the houses that have. This Committee shall be informed by the Government of the level of implementation and compliance with the programs, projects and actions included in the Master Plan and receive account of the evaluation of cooperation, as well as the results of the previous year.

Article 16. The Government.

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

On the proposal of the Minister of Foreign Affairs and cooperation, the Government approved the Master Plan.

Article 19. The Secretary of State for international cooperation and Latin America (SECIPI).

3. the Secretary of State for international cooperation and for Latin America, after obtaining the opinion of the Council of cooperation to development and inter-territorial cooperation Commission, formulated the proposal of the Master Plan, as well as the definition of territorial and sectoral priorities to be covered by article 5.

Article 22. The development cooperation Council.

3. the development cooperation Council will inform the Master Plan proposal and the annual communication concerning the implementation of the Master Plan and will know the results and evaluation of the cooperation.

Article 23. The Inter-territorial Committee on development cooperation.

2 the functions of the Commission shall be addressed to promote the following objectives: c) the participation of public administrations in the formation of the Master Plan as well as the definition of its priorities.

Article 24. The inter-ministerial Commission for international cooperation.

2. the Inter-Ministerial Committee on international cooperation, after obtaining the opinion of the Congress of Deputies and the Senate, shall submit to the approval of the Government, through the Minister of Foreign Affairs and cooperation, the proposals of the Master Plan and will know the results and evaluation of cooperation."

3. Article 25 of the law 23/1998, of 7 July, international cooperation for development, is worded as follows: «article 25. The Spanish Agency of international cooperation for development (AECID).

1. the Spanish Agency of international cooperation for development, State agency attached to the Ministry of Foreign Affairs and cooperation, aims at the development, management and execution of public policies of international cooperation for development, without prejudice to the powers assigned to other ministerial departments.

2. the staff at the service of the Spanish Agency of international cooperation for development will be integrated by public officials and personnel subject to labour law.

3. officials of the different public administrations that pass to provide their services in the Spanish Agency of international cooperation for development will remain in the administrative situation that corresponds according to the rules applicable to their location of origin. The system of coverage of destinations by the personal officer will include measures that tend to favor its specialization in cooperation tasks.

4. the purposes, functions, organisation and operation of the Spanish Agency of international cooperation for development will be established in its Statute, within the framework of the provisions of law 28/2006 of 18 July, State agencies, for the improvement of public services."

Second final provision. Modification of the Real Decree 1412 / 2000, of 21 July, creation of the Council for foreign policy.

One. The first subparagraph of paragraph 1 is modified, and a new paragraph 4 is added to article 2 of the Royal Decree 1412 / 2000 of July 21, which is drawn up in the following terms:


«1. are permanent members the President of the Government, the Vice President of the Government and Minister of the Presidency, and the Ministers of Foreign Affairs and cooperation, justice, defense, finance and public administration, inside, building, education, culture and sport, employment and Social Security, industry, energy and tourism, agriculture, food and environment» Economy and competitiveness and of equity, health, social services and the Director of the Cabinet of the Presidency of the Government.

In addition, it will be member of the Board of foreign policy the Government's High Commissioner for the Spain brand, which will participate in meetings only when matters to try to affect their area of competence.

2 may be called, depending on the issues to be treated, other members of the Government.

3 may also be called, depending on the issues to be treated, authorities or officials from the General Administration of the State and authorities or officials of the autonomous communities and local entities.

4 perform the functions of Secretary the Director of Department of international policy and security of the Cabinet of the President of the Government."

Two. Amending article 5 of the Royal Decree 1412 / 2000 of July 21, which is worded as follows: «article 5. Executive Council of external action.

1. for a proper exercise of its powers is created an Executive Council of external action in the foreign policy Council, chaired by the first Vice-President of the Government that will be replaced, where appropriate, by the Minister of Foreign Affairs and cooperation.

2. by the present Council departments, will determine its representation in the Executive Council of external action. Representatives designated by each Ministry will have, at a minimum, the category of Assistant or assimilated.

3. in addition, members of the Executive Board of external action will be the Secretary of State for budgets and expenses, the Secretary of State for public administration, the Secretary of State for communication, and the High Commissioner of the Government for the Spain brand, who will participate in meetings only when matters to try to affect their respective area of competence.

4 may also be called, depending on the issues to be treated, authorities or officials from the General Administration of the State and authorities or officials of the autonomous communities and local entities.

5 perform the functions of Secretary the Director of Department of international policy and security of the Cabinet of the President of the Government."

Third final provision. Modification of law 12/2009 of 30 October, regulating the right of asylum and subsidiary protection.

Law 22/2009, of 30 October, regulating the right of asylum and subsidiary protection, is modified in the following terms: article 40 is drawn up in the following way: «1. the restoration of the family unit of the refugees and beneficiaries of subsidiary protection be guaranteed by granting, respectively, of the right of asylum or subsidiary protection by family extension» (, in the following cases: a) first-degree ascendants that establishing dependence and their descendants in first grade who were under age, being excepted the right to the family extension in cases of different nationality.

The family relationships of the ascendants and descendants should be established through scientific evidence that may be necessary, in cases where the relationship cannot be determined without a doubt.

(b) the spouse or person linked by similar bonds of affection and cohabitation, except the cases of divorce, legal separation, separation in fact, different nationality or granting of refugee status by gender, when in the application file is accredited that the person has suffered or had a well-founded fear of persecution inox by domestic violence by their spouse or partner.

(c) other adult who is responsible for the beneficiary of international protection, in accordance with the current Spanish legislation, when the beneficiary is a minor not married.

d) may be also granted asylum or subsidiary protection by extension family to other members of the family of the person refugee or beneficiary of subsidiary protection provided that is sufficiently established reliance on those and the existence of prior cohabitation in the country of origin.

2. the asylum and refuge Office shall process of family extension filings. Once educated will be, after studying in the Inter-Ministerial Committee on asylum and refuge, to raise the motion for a resolution to the Minister of the Interior, who shall decide.

3 resolution that award to remember the right of asylum or subsidiary protection by family extension will entail for beneficiaries the effects provided for in article 36.

4. in no case shall be granted international protection by extension family to persons falling in the cases provided for in paragraphs 2 and 3 of article 8 and in articles 9, 11 and 12 of this law.»

Fourth final provision. Skill-related title.

This law is run under the protection of the articles 149.1.3., 97 and 149.1.18. ª of the Constitution conferred the State exclusive competence in international relations, foreign policy address and bases of the legal regime of public administrations and of the statutory scheme for its civil servants.

Fifth final provision. Normative development.

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

Modifications that, from the entry into force of this Act, may be conducted as planned in the second final disposition, may be according to the rules, in accordance with the specific rules of application with.

Sixth final provision. Entry into force.

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

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, 25 March 2014.

JUAN CARLOS R.

The Prime Minister, MARIANO RAJOY BREY

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