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IX. NORMATIVE ANNEXES

Normative Annex 1

DECREE - LAW N 5.315/56

Buenos Aires, 22 of March of 1956

Considering:

That it is convenient to adopt the necessary hosieries in order to unifying in the national administration, what is related to the utilization of the credits assigned by the laws of budget or special in concept of - " reserved expenses y/o secret " -;

That by Decree N 2452/55 Secret, is established the regime to the fact that they should be adjusted said investments, adopting relative arrangements to the movement of those funds, to their/its/your/his controller, to their/its/your/his accounts surrender, etc., not habiéndose anticipated, however in such arrangement, the administrative mechanism that permits to locate the service within a countable system that, giving access to the controller, inspection and other collections, harmonize with the own characteristics and with the elasticity that it is indispensable to recognize in the referring investments to said expenses;

That in the exposed ideas order, results adapted at the those end to have that the expenditures those credits are registered through registration accounts, whose regime is concretized by the present decree;

All over this,

THE PROVISIONAL PRESIDENT OF THE WAS BORN ARGENTINE
IN EXERCISE OF THE EXECUTIVE BRANCH DECREES WITH FORCE OF LAW;

Article 1. The application of the present decree understands, exclusively, to the organizations that may have services relevant with the safety of the State, incluyéndose to the administrative secretariat of the Presidency of the Nation, by having affinity with the cited organizations and by corresponding to him/her/you the direct safety of the own House of Government.

Article 2. The credits of reserved character y/o secret only they will be able be agreed or be modified by law and their/its/your/his registration will be adjusted to the arrangements of the present decree - law. To such effect the ministries interested will propose to the executive branch the opening of the necessary accounts in their/its respective jurisdictions.

Article 3. Said accounts will be accredited with the departures that fix the general law of budget or the special laws and with the own collections with destination to reserved expenses y/o secret and also with the amounts that the responsible administrations may have currently in their/its/your/his be able, with affectation to the cited expenditures.

They will be debited in base to the own expenditures of the organization, and the attributions will be classified according to the investment. The balance to the close of the exercise will be transferred to the following, even the corresponding to the of the year 1955 and previous, can not in any case the amount of the account to surpass 200 percent of the last presupposed annual approved for each organization.

Article 4. Annually, the executive branch will include in the investment account, in large items, the amounts of the resources and expenditures of the accounts to the fact that is referred the present decree - law.

Article 5. The expenditures effected during the exercise will be documented through monthly record signed by the responsible officials of the organization or corresponding dependency, that will serve as discharge before the General Accountancy as the Nation, without prejudice as the documentation and internal accounts surrender that by their/its/your/his character - " secret " - only they will be able be surveyed by the minister of the branch or by the minister that designate the Excelentísimo President Sir of the Nation, in the case of the organizations that depend directly on the Presidency on the Nation, or by the officials in which those State Secretarys delegate that function.

Article 6. Derógase with effect from 1 of January of 1956 the Decree N 2452 - " secret " - of the 24 of February of 1955, having to be applied from equal date the regime established by the present for the expenses of the fact that is tried.

Article 7. The present decree - law will be countersigned by S.E. the sir provisional vice-president of the Nation and by the minister sirs state secretaries in the Estate departments, Interior, Army, Marine and Aeronautical.

Article 8. Comuníquese, dese to the General Address of the National Record and pass to the General Accountancy of the Nation to their/its effects.

It is copy
I Regulate Martínez
Inspecting 3
Chief Financial Provisions

Normative Annex 2

LAW N 18.302

NATIONAL EXECUTIVE BRANCH ECONOMY AND WORK TREASURY

Buenos Aires, 31 of July of 1969

Excelentísimo President sir of the Nation:

The project of law that is submitted to your consideration has as a goal to adapt the outstanding regime in matter of - " Reserved Expenses " - or - " Secret " - for the purpose of to rationalize and to incline to the reduction of the same, through the application of a financial emergency measure.

It is pursued, on the other hand, to eliminate the vagueness introduced by the draft of the article 1 of the decree - law N 5.315/56 - " S " -, individualizing the organizations with the utilization faculty of this type of expenditures.

The centralization that is established by the article 2 of the project there will be of facilitating the establishment of a system of control, by virtue of which the executive branch will be able to appreciate, to weight and to decide respect of the employment accomplished this type of authorizations to spend, that by their/its particular characteristics and of exception deserve a different treatment to that of the common and ordinary expenses of the Public Administration.

God keep to Your Excellence

Luis Leonardo Mey
Secretary of Estate State
José María Dagnino Pastore
Economy and Work minister

LAW N 18.302

Buenos Aires, 31 of July of 1969

In use of the attributions conferred by the article 5to. of the Statute of the Revolution Argentina,

THE PRESIDENT OF THE WAS BORN ARGENTINE SANCTIONS AND PROMULGATES WITH FORCE OF LAW:

ARTICULATED 1. - as of the date of the present law only they will be able be included credits intended for to attend expenses of Reserved character y/o Secret, of agreement to the regime established in the Decree - Law N 5.315/56 - " S " -, in the budget of the following organizations: Unit of Organization - Presidency of the Nation; Command in Chief of the Army; Command in Chief of the Navy; Command in Chief of the Air Force; Secretariat of State Informations; National Address of Gendarmería; Maritime National Prefecture; Federal Policeman and National Address of the Federal Penitentiary Service.

ARTICULATED 2. - The executive branch will determine the form and term in which they will have to be adapted the outstanding rates in the matter, for the purpose of to centralize in the Unit of Organization - Presidency of the Nation, the authorities for expenses of this nature that may have assigned the organizations or dependencies of the State not understood in the previous article.

ARTICULATED 3. - Autorízase also to the executive branch to have the budgetary modifications to the fact that give place the application of the present law, by the suppression of the opened special accounts by virtue of disposed what is by the Decree - Law N 5.315/56 - " S " - and the Reserved Expenses departures of the organizations not included in the article 1, as well as the destination of the not committed balances.

ARTICULATED 4. - Comuníquese, be given to the National Address of the Official Record and archívese.

Normative Annex 3

RESOLUTION OF THE H. DEPUTIES CHAMBER OF THE WAS BORN

13 of June of 1973

1) to Require of the executive branch, with character of urgent, the reference to this Reputable Chamber of all the calls - " reserved or secret laws " - that were dictated by the government of facto between 28 of June of 1966 and 25 of May of 1973.

2) The executive branch will transmit those arrangements in direct form and reserved to this Reputable Chamber, of those which will take knowledge in informative secret meeting to whose effect will be cited not well such arrangements are found in the hands of the Presidency of this Reputable Chamber.

Normative Annex 4

Project of Law

The Senate and the Deputies Chamber of the Nation, etc.,

LAW ON THE LEGISLATIVE TREATMENT OF - " RESERVED EXPENSES " -

{Deputy Raúl Baglini (UCR - Mendoza), expte. 4.031-D-93, Parliamentary Procedure No. 154 of the 2 of December of 1993; confirmed by the Deputy Jesus Rodríguez (UCR - Federal Capital) according to expte. 490-D-94, and reproduced in the expte., Parliamentary Procedure No. 49 of the 11 of May of 1995.}

Art. 1ro. The present law establishes the consideration manners on the part of Congress of the Nation, in fulfillment of the Art. 67 clause 8 of the Constitution, of all budget allotment, with confidential character, reserved, secret, classified or of limited access or restricted according to outstanding regulation y/o that it would be put in force in the future.

Art. 2do. The executive branch will transmit to the Congress of the Nation, together with each project of law of annual national budget and each Investment Account, an annex of public character containing the assigned amounts or executed by jurisdiction in confidential expenses matter, reserved, secret, classified or of limited or restricted access, as well as an annex second, this last with safety classification, containing their/its/your/his detail, purpose, program and object of the expense.

Art. 3ro. The Congress of the Nation will establish the necessary collections to guarantee an adequate safety treatment of the budgetary information alluded in the art. 2do.

Art. 4to. The treatment and consideration of the information alluded in the art. 2do. of the present law will be to cargo of a special and transient commission integrated by the President, Vice-president and Secretary of the Budget and Estate Commission, the Presidents and Vice-presidents of the National Defense Commissions, and of Foreign Relationships of the Reputable Deputies Chamber and of the Senate of the Nation, by the President and Vice-president of the Revising Bicameral Commission of Accounts and by the President, Vice-presidents and Secretarys of the Bicameral Inspection Commission of the Organos and Interior Security Activities and Intelligence or in their/its/your/his defect of all other or other legislative commissions related to intelligence y/o to interior safety that could be constituted in the future.

Art. 5to. The Presidents and First Vice-presidents of each Chamber will be able to participate in the Commission alluded in the article 4to..

Art. 6to. The Commission alluded in the article 4to. it will be constituted automatically to the fifteen business days then of the revenue to the Reputable Deputies Chamber of the Nation of the project of law of national budget or to the Senate of the Nation then of the revenue of the Investment Account.

The same will be able to dissolve once the matters submitted to their/its/your/his judgment may have obtained definitive resolution by the Congress.

Art. 7mo. To the effects of assuring an adequate procedure of the information, the special Commission will be able be gathered all the times that they will be necessary until issuing judgment.

The amounts of the approved budget allotments or of the executed expenses accepted in judgment of the Commission, not thus their/its/your/his detail, will will have public character and they will be transmitted for their/its/your/his final consideration in the legislative chambers, continuing the customary procedures.

Art. 8vo. All written report that, in the exercise of the attributions stemmed from the present law, it will be produced by the special Commission will will have in principle safety classification, having to the original to remain filed in the Congress of the Nation taking into account for this stipulated what is in the art. 3ro, and being able to be transmitted copy of the same to the PEN as annex with safety classification, accompanying to the sanctioned text of the Law of Budget or of the approved Investment Account. The Commission will be able to have is granted to him/her/you public character to a report in all or in part.

Art. ninth. Without prejudice of the application of disposed what is in the Penal Code of the Nation Argentina on the part of competent judicial authority, the information publication with safety classification by member, official or employee of the Congress of the Nation, according to correspond, will make them possible of relevant administrative actions or of disposed what is in the articles 58, 61 and 62 of the National Constitution.

Expressed what is in the previous paragraph is not applicable in case that the Congress has to confer to him/her/you public character to the information.

Art. tenth. The Commission will be able to dictate their/its/your/his own internal regulation.

Art. 11o. No aspect contained in the present law must be interpreted in manner some restricting or forbiding the competitions and powers of any commission of the Congress of the Nation with respect to the matters that they are motive of the present.

Art. 12o. All abolished remain norm or all aspect contained in norm of public character, reserved y/o secret, published or not published that is opposed to the present law.

Art. 13o. In a way.

Normative Annex 5

Project of law of Regulation of - " Reserved Expenses " -

Deputy Jesus Rodríguez (UCR - Capital) and Federico Storani (UCR-BS.AS.), expte. 5505-D-95.

PROJECT OF LAW

The Senate of the Nation and Deputies Chamber of the Nation, etc.:

Article 1. - Exclúyese to the National legislative branch of the regime established in matter of - " reserved or secret expenses " - by the Law - " S " - N 18.302, whose article 1ro has been modified by the Article 35 of the Law N 23.110, by the Article 29 of the Law N 23.270, by the Article 37 of the Law N 23.410, by the Article 35 of the Law N 24.061, and by the Article 32 of the Law N 24.307.

Article 2. - Incorpórase to the Law No. 24.156 (of Financial Administration and Control of the public sector) the following article under the numbering 14 bis:

ARTICULATED 14 BIS. - the whole the corresponding budgetary credits to information and intelligence, anyone would be the jurisdiction in which are originated, they will be included in the functional classification of the Budget of the Nation within the Purpose Defense and Security Services and severally under a new designated Function - " information and Intelligence " -, having to be public the amounts by jurisdiction, not thus the detail of the reserved expenses y/o secret.

These last in the budgetary classification by Clause - or Object of the Expense - will be exposed under a designated specific account 10. Reserved Expenses y/o Secret.

Article 3. - Incopórase to law N 24.156 (of Financial Administration and Control of the public sector) the following article under the numbering 86 bis:

ARTICULATED 86 BIS. - All the expenses that are liquidated in national public sector have tos observe the requirement of accounts surrender with the alone exceptions of the reserved expenditures y/o secret governed by the decree - law 5.315/56 and the law 18.302 and of the payments by viáticos that they have to accomplish the officials and public personnel outside of their/its/your/his place of residence.

Article 4. - The exercise of the parliamentary control of the - " reserved or secret expenses " - will be governed by a special law.

Article 5. - Levántese the classification of - " secret " - to the Law 18.302 and to the decree 5.315/56, as well as to all other norm related to - " reserved or secret expenses " -.

Article 6. - Ordénase to the competent authorities the publication in the Official Bulletin of the procedures that are found reached by disposed what is in the article 5.

Article 7. - Exclúyese of the article 11 of the law N 11.672 (Complementary Permanent of the Budget) to the National legislative branch.

Article 8. - in a way.

BASES

President Sir:

The radicalism with respect to the reserved funds has had a responsible conduct for a party that it does not seek the lid of the newspapers but to channel one of the most delicate problems of the expenses system of the democracy and the republic.

The need of reserved or secret expenses finds justification only in two reasons: the defense and the struggle against the organizations delictuales. In so much the disuasión navy will be the last guarantee of peace between the nations, the espionage and the intelligence will find sense since the same permit a level expenses minor in defense and at the same time potencian the respective efficiency.

On the other hand they exist in all the society organizations delictuales those which only they can be faced transgressing the limits of their/its/your/his intimacy. Clear is that these tasks should remain under the tutela irrestricta of the justice.

Because of this is that did not request the derogation of the reserved funds but their/its/your/his limitation and parliamentary control. We request that the same are applied strictly for that for something which have been anticipated in the outstanding procedures and that they will be exposed, for the moment, in their/its amounts by jurisdiction in the budget and the investment account.

Accepting that the incorporation of the legislative branch between the beneficiaries of the reserved funds constitutes a technical interpretation mistake, the first and seventh articles exclude taxativamente to said power of the regime anticipated in the law 18.302.

Thus also it is outlined that all the expenses that are liquidated in National public sector observe the requirement of accounts surrender with the alone exceptions of the reserved expenditures y/o secret governed by the decree - law 5.315/56 and the law 18.302 and of the payments by viáticos that accomplish the officials and personnel publicos outside of their/its/your/his place of residence.

The norm here proposed comes to complement other that they are anticipated in other legislation such as the designated - " Legislative Treatment of the Reserved Expenses " -, presented in December of 1993 for the Deputy (m.c.) Raúl Baglini and confirmed then by the Deputy Jesus Rodríguez, and the project of law of intelligence sponsored in October of 1994 for this last legislating cited.

The present project outlines clearly the need of transparentar, in the measure of what is possible and through appropriate measures, such as the parliamentary control, the development within State of the secret or reserved expenditures. It is then appropriate to make emphasis concerning the need of establishing said control through a law that it must be originated in the acceptance of the fact that the consensus in these thematic is fundamental for, between all, to care the due utilization about the always scarce resources. In fact we intend that they will be reserved those expenses that within outstanding legal framework have to be in fact reserved.

For the exposed reasons we request our pars the prompt approval of the present project of law.

Normative Annex 6

ArtIculo 21 of the Project of Law of National Intelligence with mean sanction of the Senate

31 of August of 1994

(expte. 58-S-94, Parliamentary Procedure N 90 of the 7 of September of 1994)

Article 21. - The parliamentary control of the intelligence activities will be accomplished especially by the Bicameral Inspection Commission of the Organos and Interior Security Activities and Intelligence (Law 24.059, Tit.VII - art.33 and following and 24.194).

Said control will be effected with in addition to the powers established by the law 24.059, in what is relevant to intelligence, in the following way:.....

... .b) Through the budgetary control being able to to that end:

1. To intervene in the elaboration and to investigate the use of the budgetary credits to assign to the Intelligence Secretariat, for the development of the Program of National Strategic Intelligence;...

Normative Annex 7

Project of Law of National Intelligence

(Deputy Jesus Rodríguez and other, process 5.031-D-94, Transact Parliamentary N 111 of the 5 of October of 1994)

Article 3 (referred to the Strategic Intelligence Program):

... .La whole the corresponding budgetary credits to information and intelligence, anyone would be the jurisdiction in which are originated, they will be included in the functional classification of the Budget of the Nation within the Purpose Defense and Security Services and severally under a new designated Function - " Information and Intelligence " -, whose amount will have to be public, not thus the detail of the reserved expenses. These last in the budgetary classification by Clauses - or Object of the Expense - will be exposed under a designated specific account 10. Reserved Expenses.

Article 10 (in which are detailed the functions of the Secretary of Intelligence Coordination):

... .f) to Understand in the formulation of the budgetary requirements that permit to attend to the needs that, in function of the Program of National Strategic Intelligence, are originated in the National Information System and Intelligence, as well as the corresponding to the area whole information and intelligence, having to understand, also and in all the cases, in their/its/your/his distribution and in the control of budgetary management of the funds that assign.

Article 21 clause b points 1 and 3. - (as faculty to control the budget from the Bicameral Inspection Commission of the Organos and Interior Security Activities and Intelligence):

1. To intervene in the elaboration and to investigate the use of the budgetary credits to assign to the Secretary of Intelligence Coordination, for the development of the Program of National Strategic Intelligence, and to the organs and organizations that integrate the National Information System and Intelligence;...

... .3. To that end the executive branch will transmit to this commission of the Congress of the Nation, together with each project of law of annual national budget and each investment account, an annex of public character containing the assigned amounts or executed by jurisdiction in confidential expenses matter, reserved, secret, classified or of limited or restricted access, as well as an annex second, this last with safety classification, containing their/its/your/his detail, purpose, program, subprogram and object of the expense.

Normative Annex 8

Project of law of DerogaciOn of the procedures that regulate the reserved expenses.

Deputy Carlos Alvarez (FG - Capital) and other, expte. 5268-D-95.

Article 1. - Derógase the decree - law 5315/58 and the law 18302/69 (credits intended for to attend expenses of secret or reserved character).

Article 2. - Comuníquese to the executive branch.

Alfredo Brave - Héctor Polino
Graciela Fernandez Meijide
Guillermo And. Boero - José Vitar
Cristina Zuccardi - Carlos Alvarez.

BASES

In several opportunities, the uses of the reserved funds, they have been strong controversies motive and of actions that in no case have had a valid explanation.

The designated reserved funds y/o secret that authorize the decree - law 5315/58 of the military government of Pedro Aramburu, the law 18302 dictation in 1969 for the government of facto of the General Onganía and that carry the character of secrets, appears as anachronistic and ocul-tadora of expenses and uses of the public money that is lent to finance actions that always appeared nearby to the illegality.

It is because of this, that without prejudice of investigating the destination of the funds that are employed in this item, we propose the derogation of the procedures that enabled the reserved funds employment.

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