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Universal Postal Service. Standards. Regulation.

Original Language Title: Servicio Postal Universal. Normas. Regulacion.

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Legislative Power/ Eastern Republic of Uruguay
Published D.O. 30 nov/012-NAº 28607

NAº 19.009 Act

POSTAL ACTIVITIES

RA%GIMEN GENERAL

The Senate and the CA of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,

DECREE:


CAPATULO I

OBJECT, PRINCIPLES AND SCOPE OF LAW

ArtAculoA 1Aº.A (Object).-This law establishes the general rule of postal activities, in order for the State to guarantee the fulfillment of its obligations to provide postal services They are a way of ensuring the enjoyment of the rights of users and protecting the development of the formal market, so that the postal sector contributes to the growth and development of the country.

ArtAculoA 2Aº.A (General Principles).-The State will promote effective, efficient, regular, timely and quality postal service, as a national public service.

Particularly:

A) Meet the obligation to provide the Postal Service Universal, ensuring its reach to all people in terms of accessibility, quality and affordability.

B) Promote environmental protection in implementation of the postal activities.

C) Guarantees the proper protection of the rights of the users, in particular the right to information and the inviolability of correspondence.

D) Promote the competition subject to regulation in the postal service, except for limitations established by law for reasons of general interest, avoiding the abuse of a dominant position, as well as any practice, conduct or recommendation, individual or concerted, having the effect or object, restricting, limiting, hinder, distort or impede competition in the postal services market.

A Se They shall be considered prohibited, those which are against the competence, set in the ArculoA 4Aº of the Law No 18.159, dated 20 July 2007. For the purposes of the application of the above law, the terms of competition and concurrency will be understood as synonyms.

E) FomentaA levels of investment in the conditions set by the sectorial regulation.

F) Secure the free choice of users between the different postal operators, based on public, clear and truthful information.

G) SancionarA ¡ el non-compliance with the relevant regulations, through the intervention of the Communications Services Regulatory Unit.

ArtAculoA 3Aº.A (Application Scope).-The set of the national and international postal service processed by the entire postal service provider, as well as the relationships, will be governed by this law. which are generated between them, users and the regulator.

CAPATULO II

DEFINITIONS

ArtAculoA 4Aº.A (General Concept).-For all intents and purposes, the definitions set out in the current Universal Postal Act Acts will be adopted.

ArtAculoA 5Aº.A (Definitions).-The following concepts will complement the definitions given by the Universal Postal Service:

A) Postal service. The postal service is considered a national public service and therefore must be provided by the State, without prejudice to the granting of its exploitation to the individuals, regulating their exercise. It is understood by postal service:

1) The activities of support, processing, transport and distribution or delivery of envAos or postal products, in all or any of its stages.

2) Any other product or postal service that is established under the current regulations.

B) Universal Postal Service. It is that postal service that the State must assure its inhabitants throughout the national territory on a permanent basis, with the right quality and affordable prices.

C) Admission or reception activity. It consists of the acceptance of postal items through collector personnel, windows, post boxes or any other means of a kind or technology.

D) Processing activity. It consists in the separation, grouping or classification of the postal objects, by any means or technological means, in order to prepare their packaging to the places of destination and distribution or delivery, includes the necessary activities for make postal objects available for sorting.

E) Activity of transport. It consists of mobilizing and moving postal objects, by any means or technology.

F) Distribution or Delivery Activity. It consists in getting the postal objects to their recipients, in the geographical place or direction, seen by the sender. This includes the distribution or delivery activity in sections or postal boxes.

G) Correspondence Pack. It is all written communication imposed by a sender, to be delivered to a recipient in the address indicated by aquil.

H) Letter: It is an individual correspondence and private letter between the sender and the recipient, closed or protected in such a way as to ensure the external display of its contents and that if it is violated it will show the harms of security, inviolability and respect to the postal secret.

I) Printed. This is a mail order that circulates in such a way that it allows the external display of its content.

J) International postal service. It is all packaged that is effected with the intervention of the operators of the sending and receiving paAs, whose content and conditions comply with the corresponding regulation provided for in the International Conventions.

K) National postal service. It is all packaged that is effected through a postal operator duly registered with the Regulatory Unit of Communications Services (URSEC), whose content and conditions comply with the corresponding regulations provided for in the regulations

L) Loading. Any other package that is not a postal charge will be considered, for all its effects, as a burden, both in the national and international terms.

M) Mercado. This is the set of envAos processed by postal operators, more than those made by the legal persons enabled.

N) Sector. It is the regulated set of postal operators, legal persons enabled, users and the regulator.

A ') Actors. They are postal sector actors:

1) State. The Executive Branch is the holder of the postal service and the sole competent to dictate the national postal policies through the Ministry of Industry, Energy and MinerAa.

2) Regulator. The URSEC is the one that applies the national public policies to the market, regulating the relationships that occur in this respect.

3) Designated Operator. The National Post Office is the designated operator and only competent to comply with the Universal Postal Service in the form of concurrency, as well as to provide the other postal services, these in competition.

4) Private operators. They are the holders of single-person companies or legal persons who, after permission from the regulator, can provide the postal service in competition, on behalf of third parties and third parties. Postal operators operating under "courier" mode or any other assimilated or equivalent mode are included.

5) JurAdic people enabled. They are those sworn in persons who, after permission from the regulator, process, transport or distribute their own postal packages to a third party alien to them and using their own personnel in any of these stages.

6) Postal Service Providers. They are the designated operator, private operators and qualified legal persons, who will have to implement their activities in accordance with the general principles set out in Article 2Aº of this Law.

7) Autoproviders. They are those legal persons who admit, process, transport or distribute correspondence and other postal services that circulate among their own offices, complying with all or any of the stages of the postal process.

8) User. It is any physical or legal person who would benefit from the provision of a postal service as a sender or as a recipient and holder of the rights inherent in that condition.

O) License. Permission granted by the URSEC to postal service providers that enable their participation in the market.

P) General Register of Postal Service Prestors. It is the register in charge of the URSEC that contains the information of the postal service providers regarding the conditions of the services they provide and credits the condition of such.

CAPATULO III

POSTAL SERVICE USERS ' RIGHTS AND OBLIGATIONS

ArtAculo 6Aº. Rights. Users will have the following rights:

A) Right to the secret of postal communications. Postal service providers should ensure the secrecy of postal communications in accordance with the provisions of the and in the articles 298 to 302 inclusive of the Criminal Code. Accordingly, it shall not provide any data relating to the existence of the postal package, its class, its external circumstances, the identity of the sender and the addressee and its addresses.

B) Right to the inviolability of postal envAos.

1) The The postal service providers should comply with the duty of fidelity in the custody and management of postal services. It will be considered non-compliances of this duty, among others, the contrary to the right, the intentional abnormal course, the illegal opening, the subtraction, the destruction and the concealment of the aforementioned postal envAos.

2) Without prejudice to the sender's right to the property Postal packages not delivered to the recipient, they may only be detained or intercepted and, where appropriate, open for judicial resolution under the law.

3) The staff of the Communications Services Regulatory Unit (URSEC) which performs postal inspection functions may only intervene in postal services in the terms of the define regulations, where there are reasonable suspicions that they contain an object prohibited or that do not conform to the content declared in their envelope or cover, provided that this declaration is mandatory.

The scope of this intervention will be limited to the external, visual or technological recognition of both the envAos and the documentation that the In no case shall it affect the secrecy and inviolability of the postal services. The immediate destruction of the images taken.

4) The provisions of this Article shall apply without prejudice to the exercise of the control powers legally recognised to certain officials in the framework of the exercise of their inspection duties, such as sanitary, customs, asset-laundering or security prevention or any other established in the current legal regulations, in order to detect the presence of prohibited objects or products.

C) Right to the provision of a Universal Postal Service quality. Users will have the right to have a quality Universal Postal Service, provided on a permanent basis, throughout the national territory and at affordable prices.

The scope and effective provision of the Universal Postal Service should respond to the principles of social and territorial cohesion: no discrimination on the grounds of any Personal, social or geographical circumstances or conditions; continuity, effectiveness and efficiency in the service; it should be permanently adapted to technical, economic, social and territorial conditions and to the needs of users, in particular in terms of the density of access points and accessibility to them, without compromising its quality.

The Universal Postal Service will be provided according to the rules which establishes Chapter IV of this law and its regulation.

The State will guarantee the loan of such a role by the National Post Office, as an operator designated, providing sufficient means and guarantees to provide an appropriate service.

D) Information law about the postal service. Postal service providers should:

1) Provide information in a public, complete, truthful and timely manner with respect to the postal services or activities that they provide and those corresponding to the characteristics, conditions of access, quality level, compensation, price and time limit, as well as applicable technical standards.

2) Reporting the procedures and means of Established claim.

3) Putting the information to the public at the offices and actual or virtual points of attention to the user. Also forward this information to the URSEC, which may be posted on its website, as it deems relevant.

A A request from users the above information will also be provided in writing or through any other means that are regulated set.

E) Claim law.

1) The Postal service providers shall establish simple, free and non-discriminatory procedures, based on the principles of proportionality and speed, in order to address complaints and complaints submitted to them by users. These procedures will be adjusted to what the regulation indicates.

2) In all the offices or points of attention to the user of the postal service providers, in a visible and detailed manner, the information that enables the members to be able to exercise the service is displayed in a visible and detailed manner. right to claim this article refers to.

3) Also, users can submit to the URSEC the disputes arising out of postal service providers. The procedure to follow for your process will be based on the principles of speed and gratuity.

F) Reporting law. Failure to comply with the obligations of the postal service providers referred to in Articles 12, 42 and 44 of this Law may be denounced by the users concerned to the URSEC for the purposes of its Chapter VI.

G) Right to receive compensation.

1) The users will have the right, except in case of force majeure, to receive compensation from postal operators, in case of loss, theft, destruction or deterioration of the postal certificates certified, by payment of a predetermined amount by the intervening postal operator.

2) The URSEC will regulate the minimum amount of compensation for the loss, theft, destruction or deterioration of the envAos included in the postal service, taking into account the provisions of the Universal Postal Union in the field.

3) Non-compliance with the payment of the compensation recognized to the user, as set out in this article, may result, at the request of a party, to the URSEC initiating a procedure against the corresponding postal service provider.

H) Right to the property of postal envAos. The envAo is the property of the sender until the moment of delivery to the recipient, who becomes the owner of the same at that moment. As long as the delivery of the package is not produced, the sender may, by payment of the corresponding price, recover it or modify its address, except in the cases of material impossibility and without prejudice to the rights of others on the contents of the same.

I) Right to the test of deposit and delivery of the envAos certificates. Postal operators must provide the sender of any certificate with the certificate of proof of their certificate, the date and time of their admission, as well as the delivery to the recipient. The regulation will have the deadline for such safeguards.

J) Right to reissue and reject of the postal packages. The recipient may request the reissuing of their postal packages by paying the economic consideration that corresponds or may reject them before opening them. The regulations shall lay down the relevant procedures. The postal operator shall have the right to claim payment for the costs incurred.

K) Right to the protection of undelivered envAos. Regulation will set the rules to follow for cases where envAos, for any cause, cannot be delivered to the recipient or returned to the sender.

L) Rights to information and presentation of complaints from persons with disabilities. Will be guaranteed, in the terms that sets the Law No. 18,651, of 19 February 2010, equality of opportunity, non-discrimination and universal accessibility of persons with disabilities. The rights set out above must be fully accessible to such persons.

ArtAculoA 7Aº.A (Subsidiary liability).-Users who in bad faith contract the postal service to operators who act in an informal manner, will be liable for the postal violations. those committed. Subsidiary liability shall be limited to the postal service contracted.

ArtAculoA 8Aº.A (Obligations).-Users should be placed at the disposal of the officials designated for the purpose by the Communications Services Regulatory Unit, the information or documentation that they have required, exclusively referred to the postal service contract.

CAPATULO IV

UNIVERSAL POSTAL SERVICE

ArtAculoA 9Aº.A (Scope).-The Universal Postal Service comprises the admission, processing, transportation and distribution of packaging or postal products defined in the Universal Postal Convention of the Acts of the Universal Postal Union internalized by law.

The Universal Postal Service includes:

A) Priority and non-priority packages up to 2 kilograms.

B) Letters, postcards, printed, and small packets of up to 2 kilograms.

C) The cecograms up to 7 kilograms.

D) Special sacs containing daily newspapers, periodicals, books and similar printed documents, consigned to the address of the same recipient and to the same destination, known as" Sacas MA ", of up to 30 kilograms.

E) Postcards up to 20 kilograms.

ArtAculoA 10.A (PrestingConditions).-The State is required to provide the Universal Postal Service on the national territory under the conditions and quality levels that the regulation establishes be dictated by the Executive Branch.

These conditions and quality levels are expressed in terms of frequency, delivery times, reliability and safety.

The provision of the Universal Postal Service, as well as user relationships with the designated operator, will be governed by the principles of equity, non-discrimination and continuity.

ArtAculoA 11.A (Designated Operator).-The National Post Office is the only competent and designated body to comply with the Universal Postal Service.

Annually the Regulatory Unit for Communications Services shall forward to the General Assembly the accounting referred to in Article 12 (D) of this Law and an opinion on compliance by the General Assembly. an operator designated as provided in the literalA (F) of that article.

ArtAculoA 12.A (Designated Operator Obligations).-The designated operator should:

A) Fulfilling the power-defined quality meters Executive.

B) Preserving the service, without any discrimination between the users who are under conditions (
)

C) Do not interrupt or suspend the service, except in cases of force majeure, fortuitous case, or when public order reasons prevent it.

The occurrence of such events should be justified to the Communications Services Regulatory Unit (URSEC).

D) Carry out separate and properly audited analAttica accounting that allows you to know the total cost of the service of the different services, so that differentiates in a clear way the cost of the service of the Universal Postal Service of the cost of providing other services. The Executive Branch, with the advice of the URSEC, will establish the plan of accounts and the rules that enable the economic and financial controller of the services mentioned.

E) Inform users of the conditions of access to the Universal Postal Service, with reference to geographical coverage, type of services, delivery times and rates applicable to each.

F) Do not use the Universal Postal Service funding sources to fund the rest of the postal service you provide in competition and out of the Universal Postal Service mbito.

ArtAculoA 13.A (Total cost of the Universal Postal Service's loan obligations).-Within the first ninety days of completing each financial year, the designated operator will refer to the Regulatory Unit Communications Services (URSEC) the information required in the literature (D) of article 12 of this law. Within the following sixty immediate days, the URSEC will verify and determine the total cost of the Universal Postal Service's pre-service obligations imposed on the designated operator.

ArtAculoA 14.A (Universal Postal Service funding sources).-The total cost of the Universal Postal Service's loan obligations will be funded by:

A) The sales revenue of the designated operator due to the Universal Postal Service (Universal Postal Service).

B) The Postal Service Financing Rate Universal.

C) The donations and legacies made by any physical or legal person to the Universal Postal Service.

D) The State's input provided in the budget laws or account renders in order to compensate for the difference between the the total cost of the Universal Postal Service and the revenue mentioned in the (A) (A) to (C) of this Article.

The production of such concepts will constitute the Universal Postal Service Financing Fund that will be managed and accounted for separately by the designated operator. Any income derived from the financial operations carried out with the availabilities of the Fund shall be integrated into the Fund.

ArtAculoA 15.A (Universal Postal Service Financing Rate).-Crate the Universal Postal Service Financing Rate, which will be paid by users who hire the postal service and the legal persons enabled, according to the following modes:

A) Users: 10% (ten percent) of the price, excluding the Value added tax (VAT), packaging or product/postal service. The packages or postal products/services corresponding to the Universal Postal Service defined in the Articles 9Aº to 11 of this law are exceptioned.

To postal operators, including the designated operator, they will act as retention agents.

B) Jurassic Persons The following are: $A 3.36 (three with thirty-six Uruguayan pesos) per card, and $A 15 (fifteen Uruguayan pesos) per package. These amounts will be adequate to the 1st of July of each year, according to the variance of the Index of Consumer Prices calculated by the National Institute of Statistics.

To be submitted to the Executive Branch, after a mandatory report from the Office of Planning and Budget and the Communications Services Regulatory Unit (URSEC), to modify the percentage and amounts fixed in the previous literals, without exceed the maximum number of duly adjusted limits. Such modifications shall not be discriminatory between the two modes.

The result of the tax collected by the postal service providers to the URSEC on a monthly basis. A%sta will transfer it to the designated operator within the following ten days, after deduction of up to 10% (ten percent) for the administration of the fee collection.

Get the items 77 to 79 from Law No 17,930, dated December 19, 2005.

ArtAculoA 16.A (Reasonable equivalence of the Universal Postal Service Financing Rate).-The Communications Services Regulatory Unit, prior to the provision of the Planning and Budget Office and the Ministry of Economic and Financial Affairs, will determine the reasonable equivalence between the production of the Universal Postal Service Financing Rate and the cost of providing such a service, deducted the expected revenues in the (A) and (C) of Article 14 of this Law.

CAPATULO V

GENERAL RA%GIMEN FOR THE PROVISION OF POSTAL SERVICES

ArtAculoA 17.A (Sorting of the postal service).-The postal service, in function of the conditions required in its loan, is classified into:

A) Services included in the Universal Postal Service, in accordance with the terms of the Article (A) (F) of Article 5Aº and in Article 9Aº of this Law.

B) Services not included in the Universal Postal Service.

.A (General obligations of providers).-Postal service providers should ensure the continuity, regularity and quality of the postal service, as well as their delivery to users in the postal service. conditions of equality, inviolability and secrecy of correspondence.

ArtAculoA 19.A (General postal service loan).-The postal service will be provided in a competition regime subject to regulation between the private operators and the designated operator, except the Universal Postal Service to be provided in concurrency terms.

ArtAculoA 20.A (Postal service conditions).-The postal service should be provided in terms of accessibility, quality and security that enable the satisfaction of the needs of the postal services. users.

Postal service providers should record their identity on the cover of the envAo and set the date on which they are admitted.

The Regulatory Communications Services Unit will regulate the conditions of the service and will control its compliance by all postal service providers.

ArtAculoA 21.A (Access to the postal network of operators).-Regarding the services granted, the access of any postal operator to the entire or part of the postal network of another operator will be guaranteed, provided that acts in accordance with the principles of transparency, proportionality and non-discrimination, the agreed price is paid and the Communications Services Regulatory Unit is notified under the conditions set out in the regulation.

For these purposes, transparency, prior disclosure of the conditions of access, proportionality, the availability of the operator's availabilities and the needs of the person concerned and, for non-discrimination, the access without differentiation of no type between operators.

ArtAculoA 22.A (Postal network access prices).-Agreement between the parties will be fixed. The Executive Branch, in consultation with the Communications Services Regulatory Unit, will regulate the procedure for cases where there is no agreement.

ArtAculoA 23.A (General Register of Postal Service Prestors).-The General Register of Postal Service Prestors, which will be in charge of the Communications Services Regulatory Unit (URSEC). Any postal service provider who, upon authorization of the URSEC, is entitled to provide it, on behalf of and for third parties, as a principal or temporary, regular or sportive activity, at national or international level, shall be required to register in The above mentioned Register.

This Register shall contain information on postal service providers, on the services they provide, on coverage, on infrastructure and on human and material resources.

The designated operator, by such nature, is considered to be registered and officially enabled for the provision of the postal service with the most extensive geographical coverage and is subject to the obligations of providing the information cited in the artAculoA 38 of this law.

.A (Registration request requirements).-For the purposes of enrolling in the General Register of Postal Service Prestors, every aspiring postal service provider should:

A) Identify the owner of the one-person company or credit the constitution of the legal person.

B) Credit to be in the dAa with the tax obligations, social security and social security.

C) Credit that your places of work are not seated in real estate with exclusive destination home or home.

D) Constituted address vA Lido in the paAs for notifications.

E) Indicating the employee number, identifying the directors, managers, administrators or any other person responsible for the operation and operation of the services, as well as the members of their control bodies and administration.

F) Indicating the postal service class and the geographical location in which you will develop its activity, the conditions and quality of the service it will provide to its customers and the media that you will use for this.

G) Abonar the request for enrollment, which is fixed at 500 IU (five hundred units indexed).

ArtAculoA 25.A (Request procedure).-The application for the granting of the postal service and the registration in the General Register of the Postal Service Prestors should be submitted in writing to the the Regulatory Unit of Communications Services, accompanied by the corresponding document and signed by the duly represented holder or proxy. The same will have a sworn declaration.

ArtAculoA 26.A (License).-Once the application has been filed, the Communications Services Regulatory Unit will have a period of thirty days, counted from the presentation, to be issued on the same or request additional information. If the requirements are met, the applicant must pay the relevant licence.

If the authority is not expiated within the mentioned term, the request will be accepted.

ArtAculo 27.A (License type).-The license to be trusted to postal service providers may be local (within the department), national or international, according to the geographical coverage of their services and according to the type of service provider, as provided in the numerals A (3) to (6) of the Article A ') of the Article 5 (5) of this Law.

ArtAculoA 28.A (Cost of the license).-Postal service providers should pay the Communications Services Regulatory Unit (URSEC) the amount derived from the prior authorization to the the license, which is set to 10,000 IU (ten thousand indexed units) per year.

Once the license is granted, the URSEC will enroll the applicant in the General Register of Postal Service Prestors.

ArtAculoA 29.A (Provider's Certificate).-For the purposes of crediting the condition of the postal service provider the Communications Services Regulatory Unit shall extend a certificate to the number of registration in the General Registry of the Postal Service, identification of the company, type of license, class of service and to the geographical location of the operation.

ArtAculo 30.A (Maintenance of encryption).-For the purposes of maintaining the rights inherent in registration, the postal service providers should:

A) Admitting access and supervisibility of its operation by the officials designated for this purpose by the Communications Services Regulatory Unit (URSEC), placing their device in any document that is required for them.

B) Meet the provisions set by the Universal Postal Service as regards content, weight, size, and overall all conditions of the package or postal item.

C) Ensure the secrecy and inviolability of the correspondence (.

D) Comply with the services, conditions, and quality declared in the inscription, as with the other obligations imposed at the time of obtaining permission.

E) Notify URSEC home changes, with ten antelation days, in order to obtain authorization for the start of operations on the new local.

This is the cause of the loss of the General Register of Postal Service Prestors the loss of the license.

ArtAculoA 31.A (Bans)-Postal service providers are prohibited:

A) Recusing fAsias people outside of your staff or people not authorized to conduct or distribute the approved packages, without prejudice to the subcontracting that may be performed in the A way of the legal provisions in force.

B) Use for the performance of your tasks the services of another postal service provider without having reached an agreement of parties, which should be previously communicated to the Regulatory Unit of Services of Communications.

ArtAculoA 32.A (Infractions).-Constitute postal infractions all actions or omisiones that violate the provisions of the current postal regulations.

ArtAculoA 33.A (Sanctions).-In the event of violations, prior to the relevant administrative procedures, the Communications Services Regulatory Unit (URSEC) shall apply the sanction to be determined by the regulations, which will be graduated according to the nature of the facts and background, according to the following:

A) Verbal observation with mere constancy in the minutes.

B) Written receipt.

C) Multa between 5,000 IU (five thousand indexed units) and 500,000 IU (five hundred thousand indexed units).

D) Suspense of activities with commercial local closure, between one to five continuous days, with the safeguard of not interrupting the course of the correspondence envAes.

E) Revocation of the license.

The final decisions of the URSEC imposing penalties of financial penalties on the service providers of the postal service shall be enforceable in the terms laid down in Article 91 et seq. of the Code. Tax.

ArtAculoA 34.A (License loss).-The license to operate may be canceled by:

A) Request for your headline.

B) Death, incapacity or judicially declared absence of the physical person who holds the same, except for the existence of circumstances legal enablers for replacement.

C) Disoluction, judicial settlement, bankruptcy, or any other case of failure, if it is a legal person.

D) Inactivity properly checked for three continuous months in service compliance.

E) Resolution of the Communications Services Regulatory Unit adopted as a result of the verification of the causation of the literalA E) of the previous article.

F) Incompliance with the artAculo 70 of the Tax Code.

G) Non-compliance with social, pre-viewing and tax obligations.

CAPATULO VI

REGULATOR

ArtAculoA 35. -A Communications Services Regulatory Unit is the postal sector regulator, competent to regulate postal service delivery and fulfill the functions inherent in the postal service. committed.

ArtAculoA 36.A (Competencies).-Without prejudice to the provisions of the article 90 of the Law No 17.296of 21 February 2001, in the wording given by ArcuculoA 113 of the Law No 18,046, dated October 24, 2006, the Communications Services Regulatory Unit (URSEC) may:

A) Reglamenting the action and procedures of the postal service providers.

B) Requiring the General Manager, to the Direction National of Customs, the Bank of Social Protection, the State Insurance Bank, the Ministry of Labour and Social Security and the Departmental Governments, information of the postal service providers, exclusively referred to the provision of this service, for the purpose of the URSEC being able to carry out the functions of comptroller's inherent in their competence.

C) Gathering from postal service providers, under the form of affidavit, the information exclusively referred to the loan of that service.

D) Sanctioning the offenders of this law.

E) Reporting any person who is providing the postal service without the corresponding enablement.

ArtAculoA 37.A (Dispute Resolution).-The Communications Services Regulatory Unit will be competent to resolve disputes arising from postal service provision, among operators private, legal persons entitled, the designated operator and the users, interchangeably.

ArtAculoA 38.A (Account Plan).-The Communications Services Regulatory Unit (URSEC) will refer to the Executive Branch the account plan set forth in article 12 of this Law, within the Ninety days of runs counted since their promulgation.

Facultate the URSEC to set a time limit for the designated operator to implement the account plan referred to in the preceding incident, as well as to verify the correct application of the account separation rules to which the (D) of Article 12 (G) of Article 42 and (F) of Article 44 of this Law.

CAPATULO VII

DESIGNATED OPERATOR

artAculoA 39.A (orgA Letter). Please refer to the items 1Aº, 2Aº, 5Aº and 11 of the OrgA Charter of the National Postal Administration, approved by the ArcuculoA 747 of the Law No 16,736of 5 January 1996, for the following:

" ARTACULOA 1Aº.-The National Administration of Post is a commercial decentralized service, provider of the postal service, according to what is established in Section XI of the , with the competence and organization that is determined by this law. He is a legal person and constitutes his legal address in the city of Montevideo.

A En The Member State of its jurisdiction may establish and close branches and agencies throughout the country or abroad. Likewise, upon the agreement of the Executive Branch and by means of the forms of contractual association in force in the matter, it can agree with the public or private organizations and companies that it considers appropriate, exclusively for the development of his works of physical infrastructure, infrastructure and technological innovation and business with international links ".

" ARTACULOA 2Aº.-The Administration National of the Post Office has in charge, by itself or concession by official agents, the service of the postal service, this is the admission, processing, transport and distribution, in all or any of its stages of correspondence and postal services, without prejudice to other postal products. The postal service will be served in accordance with the laws and with the applicable International Agreements and Agreements.

A The National Post Office is the only competent State to provide the postal service and only the latter can perform the issuance of postal securities, in the manner in which the law and its

"ARTACULOA 5Aº.-They are Directory attributions:

A) Exercise the administrative, technical, and inspection top management and control of all the services in charge; comply and enforce the provisions relating to them.

B) Projecting the budget for salaries, expenses, and investments as provided by the Article 221 of the Constitution of the Republic.

C) Set the rates for your national and international postal services.

D) Apply the rates set in international conventions and agreements for international postal services.

E) Be a primary computer for expenses and payments and arrange for payment of the carA obligations (i) international agreements, which are generated by the application of the postal agreements and agreements, those originating from the transport of correspondence.

F) Dispose the issue of stamps and other postal values.

G) Concertar loans or financial institutions and agreements or contracts with third parties for the acquisition of goods or services, required for the fulfillment of the tasks of the Administration, with subject to the provisions of the fourth of the when the counterparty is an international body or an institution or foreign government.

H) Designate, promote, move, sanction, and remove the officials of their dependency, being able to carry out hiring that were required.

I) Directly arrind the properties for headquarters of your branches and agencies.

J) Designate delegates or representatives of the Administering to international postal organizations, congresses, meetings or conferences.

K) Project and elevate the Executive Power for approval to the General Administration Regulation.

L) Determine the privileges of its dependencies and, in general, dictate the regulations, provisions and resolutions necessary for the compliance with this law and the normal functioning and regular postal services.

M) Delegate powers by unanimity of its members, being able to take the majority simple issues that were delegated.

N) Approve, in accordance with the Executive Power and with the assent of its three members, forms of contractual association with public or private organizations and companies, exclusively for the development of their works of Physical infrastructure, infrastructure and technological innovation and business with international binding ".

" ARTACULOA 11.-SerA Management resources:

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A) The

The production of fines that are applied in accordance with the rules in force in postal matters.

C) The amounts resulting from the sale of the paper of the caAdos postal envAos and expired files.

D) The sums from the postal spin prescription.

E) The production of the auction of effects belonging to caAdos in rezago, asA as the values or money found in such envAos, when their delivery to the receiver or sender is impossible.

F) The amounts that are collected from foreign postal administrations or agencies international, according to provisions contained in international postal agreements and agreements.

G) The fruits civil or natural of your own assets.

H) The resources that are allocated to you by budget provisions.

I) The amounts of legacies and donations that are Please do so.

J) The produced from its financial instruments ".

ArtAculoA 40.A (Postal franchises).-Suspend the items to 197 and 200 from Law No. 13,640, dated 26 December 1967, for the following:

" ARTACULOA 197. Postal franchises.-Asnically will be free of postal allowance and in the activities inherent in its functions:

A) The Foreign diplomatic agents accredited to the country, provided that their respective States grant benefits to national diplomats accredited to them.

B) Bodies entitled to franchise according to the current International Conventions.

All legal provisions, general or special, that are opposed to it are expressly repealed. set in this article ".

" ARTACULOA 200.-The postal franchise does not understand the rights of certification, any additional fields, or other added value.

To the provisions that you agree Transport-free, only cover letters of up to a hundred grams, not being applicable to printed, magazines, brochures and other postal products which should pay for the current postage. "

CAPATULO VIII

PRIVATE OPERATORS

ArtAculo 41.A (Registration Obligation).-Private operators should register with the General Register of Postal Service Prestors of the Communications Services Regulatory Unit and comply with all the requirements and conditions laid down by the regulation to access and provide the postal service.

ArtAculo 42.A (Obligations).-Private operators are required to:

A) Ensuring the secrecy and inviolability of the correspondence, according to the .

B) Comply with the postal service in the conditions and quality declared in the registration, as with the other obligations established by the Communications Services Regulatory Unit (URSEC).

C) Inform users in a public, complete, truthful and timely manner of the postal services they provide.

D) Putting users at the disposal of all information regarding the conditions of access, price, quality level, deadline and compensation of the services that offer.

This information should be published on the operator's website and at the request of users, provided in writing or by any other means regulentarily be set.

E) Understanding user complaints and complaints in all cases involving non-compliance with the services offered and paying (g) of this law.

F)
F) Act as Universal Postal Service Financing Rate retention agents in the appropriate cases and pour monthly their production to the URSEC.

G) In case of developing the postal service simultaneously with other services, carry out separate and duly audited analAttica accounting that allows to differentiate the total cost of the postal services from the corresponding to the The other's. In no case will the use of cross-subsidies be allowed between postal services and the services they provide.

H) Admit the access and supervisibility of its operation by the officials designated for the purpose by the URSEC, putting to its disposal any documentation that is required, regarding the granting of the license and the conditions for providing services.

CAPATULO IX

SWORN PERSONS ENABLED

ArtAculoA 43.A (Registration Obligation).-The enabled legal persons should comply with all the requirements and conditions that the regulations set for accessing and providing the postal service.

The regulation will establish the volume of packaging or postal products from which the registration will be required in the General Register of Postal Service Providers of the Communications Services Regulatory Unit and the compliance with the other obligations laid down in this law for the legal persons empowered.

ArtAculoA 44.A (Obligations).-Juradic persons enabled are required to:

A) Ensuring the secrecy and inviolability of the correspondence, according to the .

B) Comply with the postal service in the conditions and quality declared in the registration, as with the other obligations established by the Communications Services Regulatory Unit (URSEC).

C) Inform users in a public, complete, truthful and timely manner of the conditions of the postal activity they perform, in order to fulfill their tasks.

D) Understanding user complaints and complaints in all cases involving non-compliance with their services, according to what is available for the regulation.

E) Verter monthly to the URSEC the produced of the Universal Postal Service Financing Rate according to what the Regulation.

F) Carrying out separate and properly audited analAtic accounting that allows differentiate the total cost of the postal activity from the corresponding to the (a) the services of his or her duties. In no case will the use of cross-subsidies be allowed between the postal activity they perform and the services they provide.

G) Admit the access and supervisibility of its operation by the officials designated for the purpose by the URSEC, putting to its disposal any documentation required to them.

CAPATULO X

DEROGATIONS

ArtAculoA 45.A (Derogations).-Derogbe all provisions that object to this law, as well as the genetric exonerations of taxes that directly or indirectly bind to the Financing Rate of the Universal Postal Service.

CAPATULO XI

TRANSIENT PROVISIONS

ArtAculoA 46. -Within the period of sixty days running from the entry into force of this law, the Communications Services Regulatory Unit (URSEC) will start a census that will be developed during the Ninety subsequent days, in order to enable a process of regularisation and adaptation directed to the postal service providers that at the date of validity of this law are in activity. The submission of postal service providers to the URSEC shall be voluntary and shall provide proof of compliance with the requirements and characteristics laid down for the provision of postal services.

From that presentation, the URSEC will have a period of one hundred and twenty days to determine the compliance with these provisions and, if appropriate, to approve the granting of a license to provide services. postal services, including the provider in the General Register of Postal Service Providers.

During the period of ninety days of the census, the postal service providers who at the time of entry into force of this law are providing postal services under conditions other than those laid out, are temporarily enabled to maintain their services until a final decision on their situation is placed, prior to compliance with the scope of the preceding articles.

Fulfilled the deadlines of this article, the URSEC, under its responsibility, will publish on its website and provide information regarding social reasons, address, number and date of registration or expiration of the same, of all registered, any interested party without prejudice to any other means deemed appropriate.

ArtAculoA 47. -A approval of the General Regulation set out in the literalA (K) of the 5Aº of the OrgA Charter of the National Post Office, approved by the article 747 of the href="areuelveref.aspx?ACT, 16736/art747/HTM"> Act No. 16,736, of 5 January 1996, shall be made within six months of the validity of this law.

A A A A A A Sala de Sessions de la CA ¡ mara de Senators, in Montevideo, a 13 November 2012.

DANILO ASTORI,
President.
Hugo RodrAguez Filippini,
Secretary.

MINISTRY OF INDUSTRY, ENERGY AND MINERAA
TO MINISTRY OF INTERIOR
TO MINISTRY OF FOREIGN RELATIONS
A TO MINISTRY OF ECONOMY AND FINANCE
A A A MINISTRY OF NATIONAL DEFENSE
A A A A A MINISTRY OF FOREIGN AFFAIRS EDUCATION " N Y CULTURA
A A A A A A MINISTRY OF TRANSPORT AND WORKS PASBLICAS
A A A A A A A MINISTRY OF LABOUR AND SOCIAL SECURITY
A A A A A A A A A A MINISTRY OF HEALTH PAsBLICA
A A A A A A A A A A A A MINISTRY OF GANADERAA, AGRICULTURE
and pesca
A A A A A A A A A A A A A A A A A A A A A A A A A A MINISTRY OF HOUSING, TERRITORIAL PLANNING AND ENVIRONMENT
A A A A A A A A A MINISTRY OF SOCIAL DEVELOPMENT

Montevideo, November 22, 2012.

CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leitos y Decretos, la Ley por la que se jeción el rácigimen genera de las actividades postes.

JOSA% MUJICA.
ROBERTO KREIMERMAN.
EDUARDO BONOMI.
LUIS ALMAGRO.
FERNANDO LORENZO.
ELEUTERIO FERNÁNDEZ HUIDOBRO.
OSCAR GA " MEZ.
ENRIQUE PAINTED.
EDUARDO BRENTA.
JORGE VENEGAS.
TABARA% AGUERRE.
ANTONIO CARAMBULA.
FRANCISCO BELTRUM.
DANIEL OLESKER.

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Montevideo, Uruguay. Legislative Power.