The General Budget of the State for the year 2016, approved by Law 48/2015, of October 29, provided budget credit to different ministerial departments for the grant of scholarships of the Fulbright Program. A portion of the appropriations has been allocated to the Secretary of State for Trade within this planning of the expenditure on grants.

The Commission for Cultural, Educational and Scientific Exchange between Spain and the United States of America (Fulbright Commission), which was established by the Agreement between the Kingdom of Spain and the United States of America on Educational, Cultural and Scientific Cooperation, made in Madrid on 27 October 1994, and co-chaired by a representative of the Ministry of Foreign Affairs and Cooperation and another from the Embassy of the United States of America in Spain, one of the most important Fulbright Programs in the world by budget and endowment of scholarships.

dated December 29, 2015, the Secretariat of State of Commerce, attached to the Ministry of Economy and Competitiveness, and the Commission of Cultural, Educational and Scientific Exchange between Spain and the United States of America (in the Fulbright Commission), established by the Agreement between the Kingdom of Spain and the United States of America on Educational, Cultural and Scientific Cooperation made in Madrid on 27 October 1994, has signed a Framework Convention for the cooperation between the Secretariat of State for Trade and the Committee on Cultural Exchange, educational and scientific cooperation between Spain and the United States of America for the convening of training grants in the United States of America.

The purpose of the collaboration agreement is to train specialists within the public sector in the field of internationalization and management of organizations, and to further strengthen the ties between Spain and the United States of America. America, establishing a program of cooperation and funding of scholarships.

Likewise, the agreement includes, in accordance with Law 38/2003 of 17 November, General of Grants, the obligation to establish a regulatory basis for the granting of scholarships under the credit of the State Secretariat. Trade.

Previously, the Secretary of State for Trade has already granted Fulbright scholarships, in accordance with Order ITC/2089/2011 of 19 July, approving the regulatory basis for the grant of Fulbright scholarships by the Ministry of Commerce. Industry, Tourism and Trade for the period 2011/2015. Since the Secretariat of State of Commerce no longer belongs to the Ministry of Commerce, it is necessary to approve new bases that clarify the regulations governing the granting of these scholarships by the Secretariat of State of the State of Trade.

The purpose of this rule is to establish the regulatory basis for the grant of scholarships under the Fulbright program to the credits of the Secretary of State for Trade, in accordance with the regime established in Law 38/2003, November 17, General of Grants, and the Regulation of Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July.

In the elaboration of these regulatory bases, the Fulbright Commission has collaborated, in accordance with the first clause of the Framework Convention.

According to the provisions of Article 17.1 of Law 38/2003 of 17 November, this order has been the subject of favorable reports by the State Advocate and the Delegation of the State General Intervention in the Ministry of Economy and Competitiveness.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object.

1. The purpose of this order is to approve the regulatory bases for the granting of Fulbright scholarships-Secretariat of State of Commerce with the purpose of contributing to the training and improvement of public employees providing services. in the Secretariat of State, by carrying out a project of academic training and technical-professional training in a US university, following a program of studies established to obtain the degree of master or other professional certification or certification, an untargeted academic accreditation plan or a research project.

2. The fields of study that are given priority are:

a) Advertising and international marketing;

b) International trade, economy and finance;

(c) international trade law;

d) Address of public sector organizations, and

e) Public policy analysis

f) Any other related to the support of the internationalization of the Spanish company.

Article 2. Number and duration.

1. The Secretariat of State for Trade, in collaboration with the Commission for Cultural, Educational and Scientific Exchange between Spain and the United States of America (hereinafter the Fulbright Commission), will annually convene a maximum of three scholarships, which will may be new or renewals.

2. The duration of the scholarships will be an academic year, which in no case will be longer than twelve months, with a deadline of completion in the respective convocation. A renewal of a second year may be envisaged, upon request of the grantee and approval of the Secretary of State for Trade and the Fulbright Commission.

Article 3. Contributing entity.

1. The Fulbright Commission, which shall have the consideration of a contributing entity within the meaning of Law 38/2003 of 17 November, and shall apply to it the provisions of this Law, and in particular Articles 12, 13 and 15 thereof. and 16, will be responsible for the administrative management of scholarships and access to US universities with the support of the Institute of International Education (IIE) in the United States by delegation from the Government of that country.

2. The Commission, as a contributing entity, shall be subject to the obligations laid down in Article 15.1 of Law 38/2003 of 17 November.

Article 4. Requirements of the beneficiaries.

Applicants must meet the following requirements:

1. Have Spanish nationality. Applications for dual-nationality beneficiaries with the United States will not be permitted.

2. Being in possession of a higher degree-degree, bachelor's or doctorate-issued by a Spanish university. In the case of diplomas awarded by foreign or private Spanish university institutions, they must be approved by the Ministry of Education, Culture and Sport before the end of the deadline for the submission of applications.

3. To have an excellent knowledge of the English language-spoken and written-, accredited in the form provided for in this order, at the time of formalizing the application.

4. Provide effective service as a career officer at the Secretary of State for Trade, with a minimum of two years ' seniority in the General Administration of the State on the date of completion of the deadline for filing applications. In addition, a clear interest must be established on the grounds of the position it performs in the fields referred to in Article 1 (2) of this Order and justify the applicability and usefulness of the training for the ordinary activities of the Secretary of State for Trade.

Requests from officials of the Secretariat of State of Commerce to serve outside the Spanish national territory will also be permitted in some Commercial Office of the network of Economic and Commercial Offices of the Secretary of State for Trade. They shall not be eligible for such scholarships in the United States or for those who have been there for the two years preceding the application.

Article 5. Concession scheme.

1. The procedure for granting grants under competitive competition shall be initiated by public notice, approved by the holder of the Secretary of State for Trade. The notice will contain the extremes provided for in Article 23.2 of Law 38/2003 of 17 November, General of Grants, and must be published in the National Database of Grants and an extract thereof in the " Official Journal of the Status ".

2. The grants may be called in advance processing under the provisions of Article 56 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, taking the entire selection procedure in a budgetary year and the resolution of the call for and implementation of the expenditure in the immediately following financial year, facilitating the arrangements provided for in paragraph 4. Article 8 and the appropriate compliance with the terms and conditions of admission required for the enjoyment of the grant.

Article 6. Form and time limit for the submission of applications.

1. Applications shall be submitted on the forms to be provided for this purpose in the respective calls, accompanied by the following documentation:

a) Project of studies that he wants to develop in the United States and University of preference.

b) Written proof of admission to a North American university, or invitation to investigate. If this test is not attached, it should be indicated-by order of preference-three universities and the reason for selecting them.

c) Reference letters from university professors or persons chosen for their academic or professional relationship with the proposed training.

(d) Photocopy of the national identity card or passport in case the consent is not given to carry out the verification of data contained in the Identity Data Verification System refers to Royal Decree 522/2006 of 28 April 2006 abolishing the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related public bodies or dependents.

e) Professional curriculum full academic certificate and career official title.

f) Family book in case of having legally family members in charge of the beneficiary.

g) Statement responsible for not being in any of the circumstances of incompatibility provided for in Article 13.

2. The electronic application form shall be provided in accordance with the requirements of the call.

3. The specific time limit for the submission of applications shall be determined on each call and shall not be less than one month.

Article 7. Selection process and competent bodies for their ordination, instruction and resolution.

1. The body responsible for the instruction and management of the procedure shall be the Cabinet of the Secretary of State for Trade, who shall make the proposal for a concession in the light of the report of the Selection Committee.

2. The Selection Committee shall consist of:

(a) President: Director of the Cabinet of the Secretary of State for Trade.

b) Vocals: three vowels by the Secretary of State for Trade, with a minimum level of Deputy Director General, appointed by the Secretary of State, and three vowels by the Fulbright Commission, appointed by the Co-presidents of the same.

(c) Secretary: An official, with a level 30 job, of the Secretary of State for Trade, appointed by the Secretary of State, with a voice but without a vote.

For each of the vocalias a holder and an alternate of equivalent level shall be designated.

The designation of the members of the Committee shall be carried out in accordance with the principle of a balanced presence among women and men established by the Organic Law 3/2007 of 22 March for the effective equality of women and men, except for substantiated and objective reasons, sufficiently reasoned.

3. In all that is not foreseen in these bases and in the convocation, the functioning of the Committee shall be governed by the provisions of Section 2 of Chapter II of the preliminary title of Law 40/2015 of 1 October, of Legal Regime of the Public Sector.

4. The selection will be carried out in two phases each of them eliminatory:

a) First phase: English elimination test. The applicant must perform the English language test, Michigan Test of English Language Proficiency, administered by the Fulbright Commission. This test shall be exempt if the applicant presents the results of the 'Test of English as a Foreign Language' (TOEFL) or the 'International English Language Testing System' (IELTS) with the required minimum score in each call. If the person concerned opts for a certification or certification program, once admitted as a candidate, he or she will be able to apply for new tests to access the U.S. university.

b) Second phase: Those who have passed the first phase must conduct a personal interview with the members of the Selection Committee. The following points will be assessed in this interview:

1. The oral exposure of the project and the defense of the presented memory, which will be 50 percent of the final note.

2. Plan of implementation of the objectives of the training in the job of origin, which will represent the remaining 50 percent of the final note.

In the case of a tie in the score, the professional and academic merits of the applicant would be taken into account.

5. The electronic headquarters of the Ministry of Economy and Competitiveness will publish the agreements of the Committee approving the list of candidates admitted to the selective process, calling on the candidates to carry out the tests for each phase. as the results relative to the results.

Article 8. Resolution procedure.

1. The decision of the concession procedure shall be issued by the holder of the Secretary of State for Trade.

2. The Selection Committee shall, in conclusion of the tests, issue a report specifying the outcome of the assessment carried out with a list of the persons selected and a list with the reserve persons, if any, in number not more than twice the number of fellowships called. This relationship shall be forwarded to the Cabinet of the Secretary of State for Trade.

The Chief of Staff, based on this relationship, will raise the motion for a resolution to the head of the Secretariat of State of Commerce, which will decide, within 15 days, final resolution in accordance with Article 25 of the Law 38/2003, of November 17, General of Grants. This resolution shall contain the list of applicants to whom the grant is granted, the dismissal of the other applications, where appropriate, and the list of beneficiaries of the reserve, if any.

The resolution shall be notified to the successful tenderers within a maximum of 10 days and communicated within that period to the Fulbright Commission. The grant resolution shall be published in accordance with the provisions of Article 45.1.b of Law 39/2015 of 1 October of the Common Administrative Procedure of the Public Administrations. For its part, the Fulbright Commission will present the resolution to " J. William Fulbright Foreign Scholarship Board " of the United States of America. Beneficiaries shall communicate their acceptance to the instructor within a period not exceeding 10 days.

In any event, pursuant to Article 25.4 of Law 38/2003 of 17 November, General Grant, the maximum time limit for resolving and notifying the decision of the procedure may not exceed six months.

3. The decision granting the grants awarded by the Secretary of State for Trade shall terminate the administrative procedure. Against such a decision, the replacement of the right of replacement may be brought within one month of the day following its notification, in accordance with the provisions of Law 39/2015 of 1 October, or a judicial-administrative action before the Court of Justice. National Hearing, within two months, pursuant to Law 29/1998, of July 13, Regulatory of the Jurisdiction-Administrative Jurisdiction, not being able to simultaneously interface both resources.

4. However, the final grant of the grants will be conditional on the approval of the " J. William Fulbright Foreign Scholarship Board " and to the admission of the selected candidates in the corresponding university. If, after selection by the Committee, no final award of the grants could be made, the grantees would be called in reserve for the order set out in the list.

Article 9. Criteria for determining the envelope.

1. The allocation of grants for beneficiaries will cover basic allocations and additional allocations for accompanying persons. The individual amount of the different allocations, as well as the amounts of administrative costs incurred in Spain, shall be those set out in the different calls, according to the following criteria:

2. Basic assignments:

(a) A monthly allowance to cover expenses arising as a result of the estancia's stay in the United States of America, which shall be determined on a flat-rate basis.

(b) A single allocation for the round trip, which shall be determined on a flat-rate basis.

c) In the training and improvement activities, the amount of compulsory tuition, fees and medical insurance of the university, with the maximum amounts to be established in the call. In the case of research projects, the project costs with the maximum amount to be set for each call.

d) The amount of an academic orientation course prior to the commencement of the grant to be offered by the Institute of International Education when necessary for admission to the universities. These tuition fees will be covered by the U.S. Government, as well as living expenses, accommodation and basic expenses during the course of the orientation course and as long as necessary until the beginning of the university course.

e) Subscription, by the U.S. Government, of insurance with a maximum coverage of 100,000 U.S. dollars for sickness and accident for Fulbright Fellows excluded from the treatment of Pre-existing diseases and Dentistry services.

f) A single allocation for the purchase of first-installation books and expenses, to be determined on a flat-rate basis.

3. Supplementary allowances: In the event that the intern is accompanied by a family member who is legally in charge, he/she will receive the following assignments if he/she remains with the intern during his/her stay in the United States of America.

(a) A monthly allowance for support, to be determined on a flat-rate basis.

(b) A monthly allowance for the subscription of a health insurance similar to the one to be paid by the grantee, which shall be determined on a flat-rate basis.

(c) A single allocation in the form of aid for the round trip, which shall be determined on a flat-rate basis.

4. Administrative costs incurred in Spain: The Fulbright Commission will receive compensation for the administrative costs incurred in Spain for the management of the grants, which will be determined as a percentage of the annual budget of the program.

5. Amount of appropriations: The amount of the various allocations financed by the Secretary of State for Trade, as well as the amount of administrative expenditure in Spain, shall be subject to the budgetary resources available to the Secretary of State for Trade in each financial year for these scholarships. The call shall set the annual maximum allocation for each grant group and specify the amounts of each allocation. For each call the Fulbright Commission will present the budget to be approved by the Secretary of State for Trade, prior to study and review.

6. Allowances for renewals: Renewals shall cover the basic and supplementary allowances set out in paragraphs 2 and 3 above, excluding the amount of the academic guidance course (paragraph 2 (d)).

7. The Fulbright Commission, once the funds of the Secretariat of State of Commerce are received, will make it to the grantees, in advance and quarterly, the amounts relating to their monthly allowance, will pay the expenses of the university to the receipt of the corresponding invoice and those for pre-registration and pre-registration, if any, for the submission of the same.

Article 10. Administrative status of the intern during his/her stay in the United States.

The administrative situation of the grantees during their stay in the United States of America will be the status of active service licensed by study in accordance with Article 72 of the Civil Servants Act. State, articulated text approved by Decree 315/1964 of 7 February, and Article 86 of the recast of the Law of the Basic Staff Regulations, approved by Royal Decree-Law 5/2015 of 30 October.

Article 11. Deadline and form of justification of the funds by the Fulbright Commission.

1. The Fulbright Commission shall keep the accounting records enabling it to submit to the Secretariat of State of Trade the justification for the distribution of the funds to the beneficiaries-by means of a simplified supporting account with liquidation and reimbursement of funds, if applicable-within a period not exceeding six months after the completion of the enjoyment of the grants.

2. The Fulbright Commission shall submit to the Secretariat of State for Trade an annual report of all the activities carried out and the use of funds made available to it, and may request the Fulbright Commission to report further to the specific to you that you consider necessary.

Article 12. Obligations of the beneficiaries.

They are the beneficiaries ' obligations:

1. Respond with dedication and use to the academic requirements of the American university and to the conditions of the Fulbright program.

2. Send the reports and other documents required by the entities that collaborate in the management of the program.

3. Stay at the center where you develop your research or research project. Any request to be absent from the center or to change it, to modify the project of studies, to temporarily move to Spain or to return before the authorized date, must be considered to the managing agency in the United States of America that it requests, through the Fulbright Commission, the approval of the Secretary of State for Trade.

4. If the grantees are allowed to stay temporarily out of the center where they perform their project, they will be able to continue to receive the monthly allocations established for a maximum period of 30 days.

5. To submit to the Fulbright Commission within 60 days of the end of the period of enjoyment of the grant, a final report, of no less than 5 and no more than 10 double-space typed sheets, explanatory of the work carried out and the results obtained, together with a report from the Director of Research, or academic tutor and official copy of the academic certification, as appropriate.

6. The grantees remain committed to their return to Spain to continue in the situation of active service in the Secretariat of State of Commerce for a minimum period of twenty-four months continued, counted from the return of the scholarship to the same. Such commitment shall be expressed in writing before the final award of the grant.

7. The agreement of the governments of Spain and the United States of America requires that all the beneficiaries who travel to the United States with the visa J-1, return to their country of origin after the completion of their program of studies, committing not to fix permanent residence in the United States for the following two years. Exemption from this rule is only possible with the explicit approval of the two governments.

8. Subscribe to a health insurance and accident insurance policy with minimum coverage to be fixed in each call for family members who accompany the intern and include international and national travel.

9. In addition to the obligations referred to in the foregoing points of this Article, the grantees shall be subject to the obligations which, as a general rule, are laid down in Articles 14 and 46 of Law 38/2003 of 17 November Grants, and in particular the specific obligation to justify finding, where appropriate, the current in the performance of their tax obligations and in the face of social security, as a prerequisite to the proposed resolution of the concession. In particular, they shall be obliged to provide as much information as required by the Court of Auditors.

Article 13. Incompatibilities.

1. The enjoyment of this scholarship will be incompatible with:

(a) Any other type of scholarship or economic aid granted by equal or similar concepts without prior authorization from the Secretary of State for Trade and the Fulbright Commission.

b) Haber previously enjoyed a Fulbright scholarship to expand graduate studies.

2. The applicant, by means of a responsible declaration included in the application form, shall justify not being in any of these circumstances.

Article 14. Modification or revocation of the grant resolution.

The concurrent collection of grants or economic aid granted by other public or private authorities or entities, whether national or foreign, without prior authorization from the Secretariat of State of Trade and the Commission Fulbright may give rise to the modification of the decision to grant or, where appropriate, its revocation.

Article 15. Refund procedure.

1. Failure by the recipient of the obligations referred to in Article 12 shall lead to the revocation of the grant of the grant and the reimbursement of the amounts received, which shall also, in the cases provided for in Article 37 of Law 38/2003 of 17 November. This is without prejudice to the application of disciplinary responsibility and the corresponding sanctioning regime.

2. All matters concerning the financial control of the grants to be granted, as well as the possible revision of the respective grant resolution, will follow the provisions of Law 38/2003 of 17 November, and in its Rules of Procedure approved by the Royal Decree 887/2006, dated July 21.

Article 16. Sanctioning regime.

The grants referred to in this order shall be subject to the regime of violations and penalties which, in the field of grants, establish Articles 52 and following of Law 38/2003 of 17 November.

Additional disposition first. No increase in public expenditure on the operation of the Selection Committee.

The functioning of the Selection Committee shall be addressed to the personal, technical and budgetary means assigned to the Secretary of State for Trade.

Additional provision second. Applicable rules.

In all that is not foreseen in this order or in the respective calls it will be applicable as established in Law 38/2003, of 17 November and in its regulation approved by the Royal Decree 887/2006, of July 21, as well as in the as well as in Law 39/2015 of 1 October, and Law 40/2015 of 1 October ...

Final disposition. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, October 24, 2016. -Minister of Economy and Competitiveness, Luis de Guindos Jurado.