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Royal Decree On Promotion And Provision Of Jobs In The Diplomatic Career.

Original Language Title: Real Decreto sobre ascensos y provisión de puestos de trabajo en la Carrera Diplomática.

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TEXT

THE CURRENT CIRCUMSTANCES ADVISE TO MODIFY THE REGIME ESTABLISHED BY THE DECREE OF TWENTY-FIVE OF MAY OF THOUSAND NINE HUNDRED AND SIXTY ONE, ON THE PROVISION OF DESTINATIONS AND CONDITIONS OF ASCENT IN THE DIPLOMATIC CAREER, WITH OBJECT TO SIMPLIFY RULES THAT ARE DIFFICULT TO APPLY IN PRACTICE AND TO ESTABLISH A SYSTEM, AND NOT JUST A TABLE OF CONDITIONS, FOR THE PROVISION OF JOBS IN SPAIN AND ABROAD. IT IS ALSO APPROPRIATE TO EXTEND THE COMPOSITION OF THE BOARD OF STAFF OF THE DIPLOMATIC CAREER, REGULATED IN THE DECREE, TO MAKE IT MORE REPRESENTATIVE AND MORE CAPABLE OF FULFILLING ITS FUNCTIONS.

IN ITS VIRTUE, WITH A FAVOURABLE OPINION OF THE HIGHER COMMISSION OF STAFF, ON A PROPOSAL FROM THE MINISTER OF FOREIGN AFFAIRS, AND AFTER DELIBERATION BY THE COUNCIL OF MINISTERS AT ITS MEETING OF THE DAY OF DECEMBER THREE, THOUSAND NINE HUNDRED AND SEVENTY And SEIS,

CHAPTER FIRST

OF PROMOTIONS AND THE PROVISION OF VACANCIES IN THE CATEGORIES

ARTICLE ONE. THE OFFICIALS OF THE DIPLOMATIC CAREER WILL ASCEND WITHIN THEIR CATEGORY BY THE ORDER IN WHICH THEY APPEAR ON THE LADDER.

ARTICLE TWO. VACANCIES THAT OCCUR IN THE CATEGORY OF SECRETARY OF THIRD CLASS EMBASSY WILL BE COVERED BY THOSE WHO ENTER THE DIPLOMATIC CAREER IN ACCORDANCE WITH THE PROVISIONS OF THE CURRENT LEGISLATION.

ARTICLE THREE.-VACANCIES IN THE OTHER CATEGORIES, EXCEPT AS PROVIDED IN THE FOLLOWING ARTICLE, SHALL BE COVERED BY OFFICIALS OF THE IMMEDIATE LOWER CATEGORY IN ORDER OF SENIORITY, PROVIDED THAT THEY HAVE PROVIDED THE FOLLOWING YEARS OF ACTIVE SERVICE.

TO FILL THE VACANCY OF THE SECRETARY OF FIRST CLASS EMBASSY: THREE YEARS OF ACTIVE SERVICE, ONE OF WHICH MUST HAVE BEEN BORROWED ABROAD.

TO OCCUPY AN EMBASSY ADVISER VACANCY: SIX YEARS OF ACTIVE DUTY, OF WHICH THREE MUST HAVE BEEN BORROWED ABROAD.

TO FILL THE POST OF MINISTER PLENIPOTENTIARY OF THE THIRD CLASS: TEN OF THE ACTIVE SERVICE, OF WHICH FIVE MUST HAVE BEEN BORROWED ABROAD.

TO FILL THE POST OF MINISTER PLENIPOTENTIARY OF THE SECOND CLASS: TWELVE YEARS OF ACTIVE SERVICE, OF WHICH SIX MUST HAVE BEEN BORROWED ABROAD.

TO FILL THE VACANCY OF PRIME MINISTER PLENIPOTENTIARY: FOURTEEN YEARS OF ACTIVE SERVICE, OF WHICH SEVEN MUST HAVE BEEN BORROWED ABROAD.

EXCEPTIONALLY, THE MINISTER OF FOREIGN AFFAIRS, BY MINISTERIAL ORDER, MAY, AT THE MEETING OF THE DIPLOMATIC RACE, EXEMPT AN OFFICIAL FROM THE MINIMUM PERIODS OF SERVICE ABROAD ESTABLISHED IN THE PRESENT ARTICLE TO FILL VACANCY IN THE UPPER CLASS, WHERE THE OFFICIAL, BY REASON OF HIS SPECIAL PREPARATION, HAS LENT OR IS TO CONTINUE TO SERVE IN THE MINISTRY OF FOREIGN AFFAIRS OR THE SELF-EMPLOYED SAME.

ARTICLE FOUR. -NOTWITHSTANDING THE PROVISIONS OF THE PREVIOUS ARTICLE, THE BOARD OF THE DIPLOMATIC RACE, BY A MAJORITY OF TWO THIRDS OF ITS MEMBERS, MAY PROPOSE THE PROMOTION ON MERIT TO PROVIDE ONE OF EVERY FIVE VACANCIES TO BE FILLED. PRODUCE IN THE CATEGORIES OF MINISTER PLENIPOTENTIARY. SUCH PROMOTION MAY TAKE PLACE ONLY AMONG OFFICIALS OF THE DIPLOMATIC CAREER WHO, BEING ACTIVE OR IN A SITUATION OF SPECIAL LEAVE, APPEAR ON THE LADDER IN THE FIRST QUARTER OF THE CATEGORY IMMEDIATELY BELOW AND HAVE COMPLETED THE YEARS. OF SERVICE PROVIDED IN THE PREVIOUS ARTICLE.

ARTICLE FIVE. -VACANCIES IN THE CATEGORY OF AMBASSADOR SHALL BE COVERED BY OFFICIALS WHO HAVE THE STATUS OF A FIRST CLASS PLENIPOTENTIARY MINISTER, AND ARE APPOINTED BY DECREE APPROVED IN THE COUNCIL OF MINISTERS. PROPOSAL BY THE MINISTER FOR FOREIGN AFFAIRS.

CHAPTER II

OF THE PROVISION OF JOBS

ARTICLE SIX. -WITHOUT PREJUDICE TO THE PROVISIONS OF THE LEGISLATION IN FORCE, THE POSTS TO BE OCCUPIED BY OFFICIALS OF THE DIPLOMATIC CAREER SHALL BE CLASSIFIED ON A PROPOSAL OF THE DIPLOMATIC CAREER BOARD. THE POSTS ABROAD SHALL BE CLASSIFIED IN CLASSES (A), (B) AND (C), TAKING INTO ACCOUNT THE OBJECTIVE CONDITIONS OF THE POSTS. THIS CLASSIFICATION, TO BE DONE IN THE MONTH OF OCTOBER OF EACH YEAR, MAY BE ALTERED AT ANY TIME IF THESE CONDITIONS UNDERGO MAJOR CHANGES. ANY ALTERATION IN THE CLASSIFICATION SHALL HAVE IMMEDIATE EFFECTS.

POSTS IN THE MINISTRY OF FOREIGN AFFAIRS AND IN THE SELF-GOVERNING BODIES DEPENDENT ON IT SHALL BE CLASSIFIED IN CLASS B).

ARTICLE SEVEN.-STAY IN CLASS A POSITIONS) WILL BE A MINIMUM

FOR THREE YEARS AND A MAXIMUM OF FIVE YEARS. THE STAY IN CLASS B POSTS SHALL BE A MINIMUM OF THREE YEARS AND A MAXIMUM OF FOUR YEARS, IN THE CASE OF POSTS ABROAD, AND OF A MINIMUM OF TWO YEARS AND A MAXIMUM OF FOUR YEARS, IN THE CASE OF POSTS IN THE MINISTRY OF FOREIGN AFFAIRS OR IN THE SELF-EMPLOYED BODIES DEPENDENT ON IT. THE STAY IN CLASS C POSTS SHALL BE AT LEAST TWO YEARS AND A MAXIMUM OF THREE YEARS.

THE MINISTRY OF FOREIGN AFFAIRS, HEARD BY THE DIPLOMATIC CAREER BOARD, WILL BE ABLE TO DISPENSE WITH THE COMPLIANCE WITH THE TIME LIMITS FOR FOREIGN POSTS DUE TO DULY JUSTIFIED EXCEPTIONAL CAUSES. THE OFFICIAL WHO, FOR THESE REASONS, HAS TERMINATED HIS POST, SHALL BE ASSIGNED TO THE MINISTRY OF FOREIGN AFFAIRS.

ARTICLE OCHO. -UNO. NO OFFICIAL OF THE DIPLOMATIC CAREER WHO IS IN A POSITION OF CLASS C) MAY BE ASSIGNED, AGAINST HIS WILL, TO ANOTHER POST OF THE SAME CLASS.

TWO. NO OFFICIAL OF THE DIPLOMATIC CAREER WHO IS IN A POSITION OF CLASS A) MAY BE ASSIGNED TO ANOTHER OF THE SAME CLASS.

THREE. NO OFFICIAL OF THE DIPLOMATIC CAREER SHALL BE ABLE TO HOLD MORE THAN TWO CONSECUTIVE POSTS IN THE MINISTRY OF FOREIGN AFFAIRS OR SELF-EMPLOYED BODIES, OR TWO CONSECUTIVE POSTS IN THE SAME FOREIGN COUNTRY.

FOUR. NO OFFICIAL OF THE DIPLOMATIC CAREER SHALL BE ABLE TO HOLD CONSECUTIVE POSTS ABROAD FOR A PERIOD OF MORE THAN NINE YEARS.

FIVE. NO OFFICIAL OF THE DIPLOMATIC CAREER SHALL BE ABLE TO PROVIDE SERVICES ABROAD IN THE SAME DIPLOMATIC MISSION OR CONSULAR POST IN WHICH THEY LEND THEIR RELATIVES IN FIRST OR SECOND DEGREE OF CONSANGUINITY OR IN THE FIRST DEGREE OF AFFINITY.

THE GENERAL DIRECTORATE OF THE FOREIGN SERVICE AND THE DIPLOMATIC CAREER BOARD WILL TAKE CARE OF STRICT COMPLIANCE WITH THE RULES CONTAINED IN THIS ARTICLE.

ARTICLE NINE. -IN THE COURSE OF JANUARY OF EACH YEAR, EVERY OFFICIAL OF THE DIPLOMATIC CAREER WHO WISHES TO BE DESTINED FOR ANOTHER POST, PROVIDED THAT THE MINIMUM PERIOD OF STAY IN THE DAY OF THE THIRTIES OF THE NEXT MONTH OF JUNE THE POST HE OCCUPIES WILL INFORM THE GENERAL DIRECTORATE OF THE FOREIGN SERVICE IN WRITING. SUCH COMMUNICATION MAY ALSO BE PROVIDED BY ANY OFFICIAL WHO, ON THE SAME DATE, MEETS THE AVERAGE TIME IN CLASS A) (FOUR YEARS), OR CLASS B) POSITIONS IN THE MINISTRY OF FOREIGN AFFAIRS OR DEPENDENT SELF-EMPLOYED BODIES. OF THE SAME (THREE YEARS).

ARTICLE 10.-THE 15TH OF FEBRUARY OF EACH YEAR, THE GENERAL DIRECTORATE OF THE FOREIGN SERVICE SHALL SEND IN WRITING TO ALL THE OFFICIALS OF THE DIPLOMATIC CAREER A RELATIONSHIP IN WHICH THE VACANT POSTS OF EMPLOYMENT ARE ESTABLISHED BE PROVIDED ON THE THIRTIETH OF THE FOLLOWING MONTH OF JUNE. THE RELATIONSHIP SHALL CONTAIN AS MANY POSTS AS OFFICIALS SHALL BE SUBMITTED TO THE CONTEST GOVERNED BY THIS DECREE. THE RELATIONSHIP SHALL SPECIFY THE DIFFERENT PLACES OF WORK, THE CLASSIFICATION OF EACH OF THEM REFERRED TO IN ARTICLE 6, THE CATEGORY TO BE PERFORMED BY OFFICIALS OF THE DIPLOMATIC CAREER AND THE TOTAL REMUNERATION. OF EACH POST, AS WELL AS THE VARIOUS CONCEPTS OF IT.

ARTICLE ELEVEN. -OFFICIALS OF THE DIPLOMATIC CAREER WHO MUST CEASE IN THEIR POST FOR THE MEETING OF THE THIRTIES OF THE NEXT MONTH OF JUNE THE MAXIMUM PERIOD OF STAY IN THE SAME ONE, OR FOR HAVING SUBMITTED THE COMMUNICATION TO THE IT REFERS TO ARTICLE NINE, AS WELL AS THOSE WHICH ARE TEMPORARILY DESTINED FOR THE MINISTRY OF FOREIGN AFFAIRS, FOR HAVING BEEN FOUND AFTER THIRTY-ONE JANUARY OF THE PREVIOUS YEAR IN ONE OF THE SITUATIONS REFERRED TO IN ARTICLE 18 SHALL SUBMIT YOUR APPLICATION FOR A NEW DESTINATION BY 15 MARCH. IN THAT COURT, FOR WHICH THEY SHALL TAKE ACCOUNT OF THE PROHIBITIONS LAID DOWN IN ARTICLE 8, THEY SHALL INDICATE, IN ORDER OF PREFERENCE, FIVE POSTS TO WHICH THEY WISH TO BE ASSIGNED, SPECIFYING THE REASONS FOR WHICH THEY REQUEST IT IN RELATION WITH THE ELEMENTS OF JUDGMENT REFERRED TO IN THE FOLLOWING ARTICLE.

IN THE APPLICATION OF POSTS IN THE MINISTRY OF FOREIGN AFFAIRS AND IN THE SELF-EMPLOYED BODIES DEPENDENT ON IT, OFFICIALS SHALL INDICATE ONLY THE AUTONOMOUS DIRECTORATE-GENERAL OR BODY TO WHICH THEY WISH TO BE INTENDED.

ARTICLE TWELVE. IN ORDER TO DRAW UP THE PROPOSAL FOR PROPOSALS FOR POSTS, THE BOARD OF THE DIPLOMATIC CAREER SHALL BE GUIDED, WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE EIGHT, BY THE FOLLOWING ELEMENTS OF JUDGMENT SET.

ONE. THE OFFICIAL ' S SERVICE SHEET.

TWO.-THE SPECIFIC PREPARATION OF THE OFFICIAL FOR THE PERFORMANCE OF THE REQUESTED POST.

THREE. THE OFFICIAL ' S LANGUAGE SKILLS.

FOUR. THE POSTS THAT THE OFFICIAL HAS PREVIOUSLY OCCUPIED, AND IN PARTICULAR THE FORCED OR VOLUNTARY CHARACTER WITH WHICH HE HAS BEEN ASSIGNED TO THEM.

FIVE. -THE OFFICIAL ' S WISHES AS SOON AS THEY CAN FACILITATE THEIR PREPARATION FOR THE BEST PERFORMANCE OF THEIR FUNCTIONS.

SIX. -AGE IN SERVICE.

ARTICLE THIRTEEN. -ON THE TWENTIETH OF APRIL OF EACH YEAR, THE GENERAL DIRECTORATE OF THE FOREIGN SERVICE WILL PUBLISH THE NEW DESTINATIONS OF THE OFFICIALS OF THE DIPLOMATIC CAREER, WHICH WILL TAKE EFFECT ON JUNE 30, DATE FROM WHICH THE CALCULATION OF THE EESC DEADLINE SHALL BE INITIATED.

IF AN OFFICIAL IS NOT DESTINED FOR ANY OF THE POSTS HE HAS REQUESTED, THE FORCED CHARACTER OF HIS OR HER DESTINATION SHALL BE RECORDED IN HIS FILE FOR THE PURPOSES OF ARTICLE 12.

ARTICLE FOURTEEN. THE GENERAL DIRECTORATE OF THE FOREIGN SERVICE SHALL TAKE THE NECESSARY STEPS TO ENSURE THAT THE NECESSARY REQUIREMENTS AND THE TAKING OF POSSESSION TAKE PLACE IN SUCH A WAY THAT THE NORMAL OPERATION OF THE SERVICE IS NOT ALLOWED.

ARTICLE 15. THE VACANCIES WHICH REMAIN VACANT BETWEEN 15 FEBRUARY OF ONE YEAR AND 15 FEBRUARY OF THE FOLLOWING YEAR BY DEATH, RETIREMENT, SPECIAL OR VOLUNTARY LEAVE, SUPERNUMERARY, FIRM SUSPENSION, SEPARATION OF SERVICE, APPOINTMENT FOR ANY OF THE CHARGES MENTIONED IN THE FOLLOWING ARTICLE OR TRANSFER FOR EXCEPTIONAL REASONS REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE SEVEN, SHALL BE COVERED, IF I RESULT IT IS ABSOLUTELY NECESSARY FOR THE OFFICIALS WHO, UNDER THE COMMISSION OF SERVICE, TO PROPOSE TO THE DIPLOMATIC CAREER BOARD. SUCH POSTS SHALL BE DEFINITIVELY PROVIDED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES NINE TO 13 OF THIS DECREE.

THE PERFORMANCE OF A SERVICE COMMISSION BY AN OFFICIAL WHO WILL ALREADY OCCUPY A POSITION WILL IN NO CASE BE CONSIDERED AS A NEW DESTINATION, WITH THE COMMISSION ' S PERFORMANCE TIME PERIOD BEING COMPUTED AS A PERMANENT ONE.

ARTICLE SIXTEEN. -FOR THE PURPOSES OF THIS CHAPTER, THE FOLLOWING CHARGES SHALL NOT BE CONSIDERED:

ONE. -UNDERSECRETARY FOR FOREIGN AFFAIRS.

TWO. -HEADS OF DIPLOMATIC MISSION.

THREE. -DIRECTORS GENERAL AND TECHNICAL SECRETARY GENERAL.

FOUR. -DIRECTOR OF THE DIPLOMATIC SCHOOL.

FIVE. -HEAD OF INTERNATIONAL LEGAL COUNSEL.

SIX. -INSPECTOR GENERAL OF EMBASSIES, MISSIONS AND CONSULATES.

SEVEN. -DIRECTORS OF THE CABINETS OF THE MINISTER AND THE DEPUTY SECRETARY FOR FOREIGN AFFAIRS.

EIGHT. -CHAIRMAN OF THE HIGHER COUNCIL OF FOREIGN AFFAIRS.

NINE. -DIRECTOR OF THE INSTITUTE OF HISPANIC CULTURE.

TEN. DIRECTOR OF THE HISPANIC ARAB CULTURE INSTITUTE.

ARTICLE SEVENTEEN.-THE GENERAL SUBDIRECTORATES AND THE ORGANIC UNITS TO WHICH THEY ARE ASSIMILATED MAY BE PROVIDED, AT ANY TIME BY MINISTERIAL ORDER, ON A PROPOSAL FROM THE DIRECTOR GENERAL CONCERNED, WITH OFFICIALS OF THE DIPLOMATIC CAREER IN THE MINISTRY OF FOREIGN AFFAIRS AND AUTONOMOUS BODIES DEPENDENT ON IT. SUCH PROVISION SHALL NOT AFFECT THE TIME-LIMITS FOR REMAINING IN THE POSTS REFERRED TO IN ARTICLE 7. IN OTHER CASES THE SUB-DIRECTORATES-GENERAL SHALL BE REGARDED AS POSTS FOR ALL PURPOSES.

THE DEPUTY SECRETARY FOR FOREIGN AFFAIRS, RESPECTING AS FAR AS POSSIBLE THE WISHES OF THE OFFICIALS, MAY TRANSFER THEM FROM ONE PLACE TO ANOTHER IN THE MINISTRY OF FOREIGN AFFAIRS OR THE DEPENDENT AUTONOMOUS BODIES OF THE SAME WHERE THIS IS NECESSARY AS A RESULT OF THE APPLICATION OF THE PROVISIONS SET OUT IN THE PRECEDING PARAGRAPH.

THE TRANSFERS REFERRED TO IN THIS ARTICLE SHALL NOT AFFECT THE PROVISIONS OF THE TIME LIMITS FOR THE STAY IN THE POSTS, CONSIDERING THIS EFFECT THAT THE OFFICIAL IS STILL DESTINED FOR.

ARTICLE EIGHTEEN. -OFFICIALS OF THE DIPLOMATIC CAREER WHO, AFTER THIRTY-ONE OF JANUARY, CEASE IN ONE POSITION AND ARE NOT APPOINTED TO CARRY OUT ANOTHER, RETURN TO THE ACTIVE SERVICE, BE TRANSFERRED TO THE MINISTRY FOREIGN AFFAIRS FOR EXCEPTIONAL REASONS, IN ACCORDANCE WITH THE SECOND PARAGRAPH OF ARTICLE 7, OR ENTERING THE DIPLOMATIC RACE, SHALL ONLY BE DEALT WITH IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES NINE TO 13 OF THE PRESENT DAY. DECREE.

THOSE OFFICIALS, AS WELL AS THOSE WHO MAY NOT BE HELD IN THE ANNUAL CONTEST, SHALL BE TEMPORARILY ASSIGNED TO THE MINISTRY OF FOREIGN AFFAIRS, AND MAY, BY REASON OF THE APPLICATION OF ARTICLE 8, BE ABLE TO CARRY OUT THEIR DUTIES. THE COMMISSIONS OF SERVICE REFERRED TO IN PARAGRAPH 1 OF ARTICLE 15. IN ANY CASE, THEY MUST APPLY FOR THE FOLLOWING JANUARY, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 11.

CHAPTER III

OF THE DIPLOMATIC CAREER BOARD

ARTICLE NINETEEN. THE DIPLOMATIC CAREER BOARD WILL BE COMPOSED OF:

THE UNDERSECRETARY FOR FOREIGN AFFAIRS, WHO WILL CHAIR HER.

THE DIRECTOR GENERAL OF THE FOREIGN SERVICE, WHO WILL BE ABLE TO ACT AS PRESIDENT BY DELEGATION OF THE UNDERSECRETARY OF FOREIGN AFFAIRS.

THE INSPECTOR GENERAL OF EMBASSIES, MISSIONS AND CONSULATES.

A REPRESENTATIVE FOR THE CATEGORY OF AMBASSADOR, ONE REPRESENTATIVE FOR EACH OF THE CATEGORIES OF AMBASSADOR, ONE REPRESENTATIVE FOR EACH OF THE CATEGORIES OF MINISTER PLENIPOTENTIARY, TWO REPRESENTATIVES FOR THE CATEGORY OF ADVISER TO THE EMBASSY AND A REPRESENTATIVE FOR EACH OF THE CATEGORIES OF SECRETARY OF EMBASSY, WHO MEET THE FOLLOWING CONDITIONS: TO BE ELECTED BY THE OFFICIALS OF THEIR CATEGORIES AND TO BE ASSIGNED TO THE MINISTRY OF FOREIGN AFFAIRS OR THE AUTONOMOUS BODIES DEPENDENT ON IT.

THE DEPUTY DIRECTOR GENERAL OF STAFF, WHO WILL ACT AS SECRETARY, WITH VOICE BUT NO VOTE.

THE DIRECTORS-GENERAL OF THE MINISTRY OF FOREIGN AFFAIRS AND THE SECRETARY-GENERAL WILL BE CALLED TO BOARD MEETINGS, IN WHICH THEY WILL HAVE A VOICE, BUT DID NOT VOTE.

ARTICLE 20.-EFFECTS OF THE DESIGNATION OF THE REPRESENTATIVES REFERRED TO IN THE PRECEDING ARTICLE, THE GENERAL DIRECTION OF THE FOREIGN SERVICE, IN THE FIRST TWENTY DAYS OF THE MONTH OF DECEMBER PRECEDING THE YEAR IN WHICH THEY ARE DUE ELECTIONS SHALL BE HELD AND SHALL SEND TO ALL OFFICIALS OF THE DIPLOMATIC CAREER THE RELATIONSHIP OF OFFICIALS ASSIGNED TO THE MINISTRY OF FOREIGN AFFAIRS OR SELF-EMPLOYED BODIES WHICH ARE DEPENDENT ON IT.

IN THE COURSE OF JANUARY OF THE FOLLOWING YEAR, OFFICIALS OF THE DIPLOMATIC CAREER WILL FORWARD THEIR VOTE TO THE GENERAL DIRECTORATE OF THE FOREIGN SERVICE.

OFFICIALS OF THE DIPLOMATIC CAREER WITH A CATEGORY OF AMBASSADOR, MINISTER PLENIPOTENTIARY OF FIRST, SECOND OR THIRD CLASS, OR WITH CATEGORY OF SECRETARY OF FIRST, SECOND OR THIRD CLASS EMBASSY, SHALL ELECT, BY SECRET BALLOT, A REPRESENTATIVE AND HIS ALTERNATE. THOSE WHO HAVE THE STATUS OF AN EMBASSY ADVISER SHALL ELECT TWO REPRESENTATIVES AND THEIR RESPECTIVE ALTERNATES.

OFFICIALS IN THE DIPLOMATIC RACE WILL ONLY BE ABLE TO VOTE FOR OFFICIALS IN THEIR CATEGORY.

ARTICLE TWENTY-ONE. -THE FIRST MONDAY OF THE YEAR OF THE YEAR IN WHICH ELECTIONS ARE HELD, THE BOARD OF THE DIPLOMATIC RACE WILL PROCEED TO THE COUNTING OF VOTES, PROCLAIMING ELECT THOSE WHO OBTAIN THE HIGHEST NUMBER OF VOTES AND, IN THE EVENT OF A TIE, TO THOSE WHO ARE OLDER IN THE CATEGORY. ALL OFFICIALS OF THE DIPLOMATIC RACE MAY ATTEND THE EVENT OF THE COUNTING OF VOTES.

ARTICLE 22. THE MANDATE OF THE ELECTED MEMBERS OF THE DIPLOMATIC CAREER BOARD WILL BE TWO YEARS. IN THE EVENT OF A CEASE-FIRE, THE REPRESENTATIVES OF THE MINISTRY OF FOREIGN AFFAIRS OR SELF-GOVERNING BODIES SHALL BE REPLACED BY THEIR ALTERNATES UNTIL THE END OF THEIR TERM OF OFFICE.

THE OCCUPATION OF VACANCY IN THE UPPER CATEGORY BY AN ELECTED MEMBER OF THE DIPLOMATIC CAREER BOARD SHALL NOT AFFECT THE DURATION OF HIS TERM OF OFFICE.

ARTICLE TWENTY-THREE. -IT WILL BE UP TO THE DIPLOMATIC CAREER BOARD TO PROPOSE TO THE MINISTER, OR IN HIS CASE TO THE DEPUTY SECRETARY:

A) THE APPROVAL OF THE PROMOTIONS THE CATEGORIES OF MINISTER PLENIPOTENTIARY IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE FOUR OF THIS DECREE.

B) THE PROVISION OF JOBS IN THE MINISTRY OF FOREIGN AFFAIRS, IN THE SELF-EMPLOYED AND ABROAD, AS ESTABLISHED IN CHAPTER II OF THE PRENSETTE DECREE.

C) THE APPOINTMENT OF THE INSTRUCTORS TO UNDERSTAND IN THE PROCESSING OF DISCIPLINARY FILES.

(D) HOW MANY QUESTIONS RELATING TO THE DIPLOMATIC CAREER IT CONSIDERS RELEVANT AND, IN PARTICULAR, THOSE RELATING TO THE APPLICATION AND INTERPRETATION OF THIS DECREE.

THE BOARD OF THE DIPLOMATIC CAREER SHALL ALSO PERFORM THE OTHER FUNCTIONS ENTRUSTED TO IT IN THIS DECREE.

ARTICLE 24. THE BOARD OF THE DIPLOMATIC RACE SHALL MEET, AT THE REQUEST OF ITS PRESIDENT, ON THE FIRST MONDAY OF FEBRUARY OF THE YEAR IN WHICH ELECTIONS ARE HELD, FOR THE PURPOSES OF ARTICLE 21; IN THE MONTHS OF MARCH AND APRIL, FOR THE APPROVAL OF THE PROPOSAL FOR THE PROVISION OF JOBS; AND IN THE MONTH OF OCTOBER, FOR THE CLASSIFICATION OF POSTS REFERRED TO IN ARTICLE SEVEN.

THE BOARD OF THE DIPLOMATIC RACE SHALL ALSO MEET WHENEVER IT IS NECESSARY FOR THE PERFORMANCE OF THE OTHER FUNCTIONS ENTRUSTED TO IT IN THIS DECREE AND WHEN THE PRESIDENT, BY HIS OR HER OWN INITIATIVE, IS CALLED UPON TO DO SO. FIVE MEMBERS OF THE VOTING BOARD.

THE BOARD OF THE DIPLOMATIC RACE, WHICH MAY NOT BE CONSTITUTED WITHOUT THE PRESENCE OF THE DEPUTY SECRETARY OR THE DIRECTOR GENERAL OF THE FOREIGN SERVICE AND OF SEVEN OF ITS MEMBERS WITH THE RIGHT TO VOTE, SHALL TAKE ITS DECISIONS BY SIMPLE MAJORITY, EXCEPT THE PROVISIONS OF ARTICLE 4 SHALL NOT BE TAKEN INTO ACCOUNT. IN THE EVENT OF A TIE, THE PRESIDENT ' S VOTE WILL BE DECIDED.

IF THE REPRESENTATIVES COULD NOT ATTEND THE MEETINGS OF THE DIPLOMATIC RACE BOARD, THE ALTERNATES WILL DO SO.

NO MEMBER OF THE BOARD OF THE DIPLOMATIC CAREER WILL BE ABLE TO PARTICIPATE IN THE ELABORATION OF PROPOSALS ON MATTERS THAT AFFECT HIM PERSONALLY AND DIRECTLY.

TRANSIENT PROVISIONS

I. WITHIN ONE MONTH FROM THE DATE OF ENTRY INTO FORCE OF THIS DECREE, THE DIRECTORATE-GENERAL OF THE FOREIGN SERVICE SHALL FORWARD TO ALL OFFICIALS OF THE DIPLOMATIC CAREER THE RELATIONSHIP OF OFFICIALS ASSIGNED TO THE MINISTRY OF EXTERNAL AFFAIRS AND SELF-EMPLOYED BODIES DEPENDENT ON IT, TAKING PLACE IN THE ELECTIONS IN THE COURSE OF THE MONTH FOLLOWING THAT COMMUNICATION. OTHERWISE, THESE ELECTIONS SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF THIS DECREE.

IN THE FIRST ELECTIONS FOR THE DIPLOMATIC RACE BOARD, THE LATTER, FOR THE PURPOSES OF THE COUNTING OF VOTES, WILL BE COMPOSED OF THE DEPUTY SECRETARY FOR FOREIGN AFFAIRS, THE DIRECTOR GENERAL OF THE FOREIGN SERVICE, THE INSPECTOR GENERAL OF EMBASSIES, MISSIONS AND CONSULATES, THE DEPUTY DIRECTOR-GENERAL OF STAFF AND NINE MEMBERS, APPOINTED BY DRAW FROM AMONG THE OFFICIALS OF THE DIPLOMATIC CAREER IN THE MINISTRY OF FOREIGN AFFAIRS OR DEPENDENT SELF-GOVERNING BODIES OF THE SAME, OF WHICH ONE SHALL BELONG TO THE CATEGORY OF AMBASSADOR, TWO TO THAT OF ADVISER OF EMBASSY AND ONE TO EACH OF THE CATEGORIES OF SECRETARY OF EMBASSY.

THE MANDATE OF THE ELECTED MEMBERS OF THE FIRST BOARD OF THE DIPLOMATIC RACE, WHICH IS IN ACCORDANCE WITH THE PROVISIONS OF THE PRECEDING PARAGRAPHS, WILL BE EXTENDED TO THE REMAINDER OF THE YEAR IN WHICH THE ELECTIONS WILL BE HELD AND THE WHOLE YEAR. NEXT.

II. ON THE BASIS OF THE ENTRY INTO FORCE OF THIS DECREE, ALL OFFICIALS OF THE DIPLOMATIC CAREER WHO DO NOT CARRY OUT ANY OF THE POSTS REFERRED TO IN ARTICLE 16 SHALL BE DEEMED TO HAVE JOINED THEIR POSTS ON 30 JUNE. OF THE YEAR THEY WOULD HAVE.

FINAL PROVISIONS

ONE. -THE MINISTER OF FOREIGN AFFAIRS IS AUTHORIZED TO REGULATE BY MINISTERIAL ORDER THE REGULATION OF THE BOARD OF THE DIPLOMATIC CAREER, AS WELL AS TO DICTATE THE PROVISIONS NECESSARY FOR THE APPLICATION OF THIS DECREE.

TWO. THIS DECREE SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION THE "OFFICIAL STATE BULLETIN".

REPEAL PROVISION

THERE ARE REPEALED: ONE) THE ARTICLES 23 TO THIRTY AND ONE OF THE ORGANIC REGULATION OF THE DIPLOMATIC RACE APPROVED BY DECREE OF FIFTEEN OF JULY OF A THOUSAND NINE HUNDRED AND FIFTY FIVE; TWO) THE DECREE ON THE PROVISION OF DESTINATIONS AND CONDITIONS OF PROMOTION IN THE DIPLOMATIC CAREER OF TWENTY-FIVE MAY OF A THOUSAND NINE HUNDRED AND SIXTY-ONE, AND THREE) HOW MANY PROVISIONS OF EQUAL OR LOWER RANK ARE OPPOSED TO THE PROVISIONS OF THIS DECREE.

GIVEN IN MADRID ON DECEMBER 3, ONE THOUSAND NINE HUNDRED AND SEVENTY-SIX. -JUAN CARLOS.-THE MINISTER OF FOREIGN AFFAIRS, MARCELINO OREJA AGUIRRE.