Congress of the Argentine Nation Law Number: 18398

Congress of the Argentine Nation

Law Number: 18398

Prefectura Naval Argentina. Mission and functions.

in use of the powers conferred by section 5 of the Statute of the Revolution Argentina, PRESIDENT OF THE ARGENTINE NATION SIGNS AND promulgates WITH FORCE OF LAW,

GENERAL LAW OF THE Prefectura Naval Argentina TITLE I

BASIC PROVISIONS

CHAPTER I. The nature and mission

Article 1 -- The Prefectura Naval Argentina is a security force.

Art. 2nd - The Prefectura Naval Argentina is the force by which the command in Chief of the Navy exercises: the police service on safety of navigation and the service of security police and the judiciary; partially, the administrative jurisdiction of the navigation.

(Article replaced by art. 1 Of the Law Nº 20,325 B. O. 10/05/ 1973)

CHAPTER II

Art Unit. 3- The Prefectura Naval Argentina depends on the command in chief of the Navy.

(Article replaced by art. 2) Of the Law Nº 20,325 B. O. 10/05/ 1973)

CHAPTER III Scope

Art. 4th - The Prefectura Naval Argentina acts with exclusive nature in: (

a) seas, rivers, lakes, canals and other navigable waters of the nation that serve the transit trade and jurisdictional, and in the ports subject to national jurisdiction; (b) Argentine Antarctica, Falkland Islands and other islands of the South Atlantic; (c) on the coasts and sea beaches, up to a distance of fifty (50) meters from the line of the highest tide and in the margins of the rivers, lakes, canals and other navigable waters, up to a distance of thirty-five (35) meters from the line of the highest ordinary flood, as soon as it is related to the exercise of the security police In navigation; d) aboard vessels in jurisdictional waters and in the flag of Argentina that are

in open sea; (e) on board the Argentinian flag vessels are in foreign ports, specifically, on everything to do with the police on the safety of navigation and the exercise of administrative jurisdiction of the navigation and, in general, in any case in which, in accordance with the public international law, it is not within the competence of the State local jurisdictional; f) security zones of maritime border and in the margins of the navigable rivers, in accordance with the law of jurisdictions of the security forces, the only effect of The crimes under federal jurisdiction.

Likewise, they shall act in any other place in the country, at the request of the Federal Courts.

(Paragraph incorporated by art. 3, OF THE Law Nº 20,325 B. O. 10/05/ 1973)

CHAPTER IV

Art Functions. 5th - in accordance with the provisions of article 26, paragraphs 23 and 24 of Law 18,416 , corresponds to the Prefectura Naval Argentina: (Heading replaced by art. 4 Of the Law Nº 20,325 B. O. 10/05/ 1973) (a) such as the police on the safety of navigation: (

1) intervene in everything relating to navigation by enforcing the laws that govern; 2) dictate the ordinances related to the laws that govern the navigation and propose the establish the misconduct or contraventions sea and river and its sanctions, still its enforcement authority; 3) be body of implementation in the technical order of the international conventions on safety of navigation and of the goods and of human life in the sea; 4) Prepare the material and to propose the instructions to the government delegates to conferences and international agencies on navigation, and propose to represent the Prefectura Naval Argentina; 5) Give Entry and exit to the ships, to enforce its order of placement in the ports, in response to the drawings prepared by the competent authority, and monitor the security of your mooring, the of the transit and the port of the navigation; 6) Understand in the removal, removal or demolition of ships and aircraft or their remnants shipwrecked and of national flag or foreign, they are sunk or run aground in jurisdictional waters argentinas, constituting an obstacle or hazard to navigation sea or river, in the form or conditions that may be determined by the respective laws; 7) Monitoring the offal from the wrecks and rescues, without prejudice to the intervention that, in your case, corresponds to the customs authority; 8) Take the National Registry Of the vessels, which will include the registration of the Argentine vessels and the domain registration and other real rights, levies, liens or interdictions that fall on the same; 9) grant the use and cessation of flag to the Argentine vessels in compliance with the relevant authorities; 10) periodically publish the cast of the Merchant Navy Argentina, according to the records of the Register;

11) to approve and monitor technically the construction, alteration, repair, dismantling and removal of vessels and elements of safety and rescue; 12) Inspect ships to verify its security and determine the tonnage of the Argentine flag, giving the corresponding certificates; 13) grant privilege of postal package to Argentine vessels And foreigners, upon the intervention of the relevant authorities; 14) intervene, in accordance with the provisions in this regard issued by the commander in chief of the Navy, in the rescue and assistance of vessels, aircraft, lives and property in jurisdictional waters; 15) regulate and manage pilotage services and control; (replaced by art. 5 Of the Law Nº 20,325 B. O. 10/05/ 1973) 16) to enforce the provisions of the health authorities and the related to the cleaning of the ports; 17) Take the National Registry of the staff of the navigation, which will include the registration of the personnel on board and the staff of the Terrestrial Navigation; 18) propose to the commander-in-chief of the Navy requirements that, on minimum knowledge in regard to safety of navigation, you should gather the staff of the merchant navy and the seagoing personnel in general. Grant certificates of entitlement for the staff and to the that plays tasks related to the navigation; 19) to determine the safe manning of ships; 20) collaborate in the services of lighthouses, beacons and signals sea and river; 21) Meet and lead the service of radio communications for the safety of navigation and to safeguard human life in the sea and the broadcasting service for the safety of navigation and collaborate with the Naval Hydrographic Service in the supply of information on meteorology and hydrographic and notice to mariners; 22) Have in charge of the aids to navigation, except those that maintain other agencies; 23) understand in the Relative to the standards that are adopted aimed at prohibiting the pollution of the river water, lake and sea by oil or other harmful substances or dangerous, and verify your compliance;

(b) In the exercise of administrative jurisdiction-police: (enunciated replaced by art. 6 Of the Law Nº 20,325 B. O. 10/05/ 1973)

1) instruct summaries by shipwrecks, collisions, varaduras and other occurrences of the navigation that occurred to Argentine vessels or foreigners in Argentine territorial waters, as well as those that occurred at Argentine ships in foreign waters or in open sea for investigation; and identify responsibilities in administrative order, in those cases whose judgment does not correspond to the Administrative Tribunal of the Navigation; (replaced by art. 6 Of the Law Nº 20,325 B. O. 10/05/ 1973) (2) offenses or violations of nautical safety; (replaced by art. 6 Of the Law Nº 20,325 B. O. 10/05/ 1973) (3) offenses or violations of law enforcement public safety within competence

assigned by the Code of Criminal Procedures for the Federal Capital and National Territories and in accordance with Title II, section first, book IV of the Code cited;

(c) As security police: (

1) maintaining the public order and contribute to the security of the State; (2) Ensure in time of peace and help in the case of internal disturbance or international conflict, to the internal security of the ports and waterways; 3) prevent the commission of crimes and misdemeanours; 4) to identify persons entering or leaving the country by sea, river or air in its jurisdiction, And to those who live or work within the limits of that, as well as verify the documentation staff; 5) Provide, as soon as it is related to their specific functions, the assistance that you require the competent authorities; 6) assist in the cases of floods and other natural disasters; 7) Check the chart and the fire-fighting in the ports; 8) Collaborate with your communications service with the different police authorities; 9) Carry handbooks, carry out an exchange and exchange information with other security and police forces; (Paragraph incorporated by art. 7) Of the Law Nº 20,325 B. O.

10/05/ 1973) 10) extend the relevant documentation to the people that work in their jurisdiction; (Paragraph incorporated by art. 7) Of the Law Nº 20,325 B. O. 10/05/ 1973) (

d) as a judicial police: (

1) intervene in all cases of crimes and to practice the necessary steps to check the facts of the case and discover and arrest the perpetrators and partners, with the duties and rights to the police gives the Code of Criminal Procedures for the Federal Capital and National Territories; (2) prosecute cases by shipwreck, collisions, varaduras and other incidents occurring in the waters of national jurisdiction and to those that took place to the Argentinian flag vessels in open sea, with judicial intervention when the fact prima facie configure crime; (3) prosecute cases for crimes that have occurred in the area of the buildings occupied by its units stationed outside its sphere of action, with the intervention of the Competent judge; 4) Comply with as a public force, to all judicial mandate; (

e) to intervene in what is your competition in everything relating to hunting and fishing and maritime contribute to the fulfilment of national laws and regulations governing that activity; (f) comply with the duties and exercise the powers conferred by general laws and regulations to the maritime authority.

And in accordance with the provisions of article 10, paragraphs (f) and (g) of the Act 18,711 :

(wording incorporated by art. 8 Of the Law Nº 20,325 B. O. 10/05/ 1973) (

g) to intervene in the restoration of order and public peace outside of their jurisdiction when so ordered by the Executive Branch. (Incorporated by art. 8 Of the Law Nº 20,325 B. O. 10/05/ 1973) (h) Any other function that is assigned to him in accordance with its mission and capabilities. (Incorporated by art. 8 Of the Law Nº 20,325 B. O. 10/05/ 1973) Art. 6th - within their jurisdiction, and in collaboration with the competent authorities, may exercise: (

a) auxiliary police customs, migration and health, where function bodies established by the respective administrations, within the hours enabled by them; (b) The Police customs, migration and health, outside those sites established in subparagraph (a), as well as in them, but out of the schedules established by the respective administrations.

Art. 7th - The Prefectura Naval Argentina may act in the jurisdiction of other policemen when reasons for urgency or the nature of the fact that investigates so warrant, must give immediate knowledge in the form detailed to the relevant authorities.

Art. 8th - The Prefectura Naval Argentina may, with the approval of the commander in chief of the Navy:

a) make agreements with the national police and provincial, for purposes of cooperation, reciprocity and mutual aid to facilitate police action; (b) maintain relations with the foreign police forces, especially of the neighboring countries for the purpose of international cooperation and coordination for the prevention and suppression of crime and other illegal activities which affect their reciprocal interests; (c) maintain relations with equivalent authorities in foreign countries in order to coordinate the norms and measures aimed at the safety of navigation.
TITLE II ORGANIZATION CHAPTER ONLY

general rules

Article. 9th - The Prefectura Naval Argentina is organized into: National Prefecture and National Subprefecture, addresses, departments, services, Prefectures of area, prefectures,, institutes and other agencies that may be necessary for its functions.

Art. 10. - The National Prefecture shall be exercised by an officer of the Admiral Body Combat, incremental point Naval Command, of the Argentine Navy, in situation of activity or withdrawal, with the title of Prefect National Naval; the sub-prefecture National, by a Senior Officer in the body of combat, incremental point Naval Command or Marine Infantry, of the Argentine Navy in situation of activity, or by a Senior Officer in the maximum degree of the Prefectura Naval Argentina in situation of activity, with the title of National Naval Prefect. Both will be designated by the National Executive on the proposal of the Commander in Chief of the Navy and through the Minister of Defense. The other agencies, by the senior officers, chiefs and officers of the Prefectura Naval Argentina that designate the National Naval Prefect, with the names and terms to be determined by the respective

regulations.

(Article replaced by art. 1 Of the Law Nº 19,190 B. O. 02/09/1971. Validity: from the date of sanction: 26/08/1971.)

Art. 11. - The national naval prefect shall assist the commander in chief of the Navy in regard to the organization, preparation, employment, administrative, judicial, government and discipline of the Prefectura Naval Argentina.
TITLE III

PERSONNEL REGIME

FIRST CHAPTER general rules

police State

Art. 12. - Police State is the legal situation that it is the set of duties and rights established by the laws and regulations for the staff that integrates the various bodies of the Prefectura Naval Argentina, acquired from the date of the decree or resolution corresponding to its high effectively or in committee.

Art. 13. - State police has the staff of the bodies of the Prefectura Naval Argentina in situation of activity or withdrawal and the staff of students from the date of its incorporation to the institutes.

Art. 14. - The police state is lost by low.

Art. 15. - Grade is the name of each of the steps of the police hierarchy.

Hierarchy is the existing order between the degrees.

Activity is the situation in which the police personnel has the obligation to carry out the tasks entrusted to them and cover the destinations that provide the legal or regulatory provisions.

Withdrawal is the situation in which, without losing its degree nor police state, they cease the obligations inherent in the situation of activity.

Art. 16. - The National Executive, on the proposal of the commander in chief of the Navy, may, temporarily, the state military personnel of the Prefectura Naval Argentina in case of international conflict, domestic disturbance or when so required the needs of national security.

a) duties:

1. The subject to police disciplinary; 2. The acceptance of the degree, honors or titles conferred by competent authority, in accordance with legal provisions;

3. The exercise of the powers of control and disciplinary for each rank and position agree the respective regulations; 4. The performance of roles, functions and service commissions sorted by competent authority and in accordance with what for each grade or destination prescribed by the laws or regulations; 5. The non-acceptance or the performance of charges, duties or jobs outside the specific activities of the Prefectura Naval Argentina, without prior authorization from the competent authority; 6. Not the direct or indirect participation in the activities of political parties; 7. He did not marry without prior permission of the national naval prefect; 8. The signing of a commitment to provide services for periods and in the circumstances to be determined by the regulations of this law. (Incorporated by art. 1 º, Inc. , a), of Law No. 23,028 B. O. 16/12/1983. Duration: from 1 January 1984.)

b) Rights:

1. The property of the degree and the use of its name, with the limitations that determines the present law; 2. The allocation of the charge that corresponds to the degree; 3. The use of uniforms, insignia, and own distinctive attributes of the degree and functions, in accordance with the respective regulations; 4. The honors for the rank and position prescribed by the respective regulations; 5. The perception of the assets that for each grade, charge and situation determine the laws and regulations; (replaced by art. 9Or the Law Nº 20,325 B. O. 10/05/ 1973) 6. The perception of having to retreat to if and the pension for his successors, in accordance with the laws and regulations; (replaced by art. 9Or the Law Nº 20,325 B. O. 10/05/ 1973) 7. The social services provided for themselves and their families. (Incorporated by art. 9Or the Law Nº 20,325 B. O. 10/05/ 1973)

a) The superiority by title, which is now the organizational unit and in virtue of which a naval police has superiority over another to play a preeminent charge to this within the same agency or unit; (b) the hierarchical superiority, which is a naval police over another by the fact that they possess a higher degree. To this end, the succession of the degrees is that set out in articles 30 and 31 of this law; (c) superiority by seniority, which is a naval police with respect to another of the same degree, in accordance with the order resulting from the following sections:

1. Staff in activity of the graduate institutes of recruitment: (

A) by the date of promotion to the grade and, to equal this, by the seniority in the previous grade; (B) to equal seniority in the previous grade, with the appropriate degree immediately above, and so on until the age of discharge; C) The age of discharge the gives the date of discharge; to equal this, the order of merit of discharge, and equality of this, the older.

2. Active staff recruited from other sources: (

A) by the date of promotion to the grade and, to equal this, by the seniority in the previous grade; (B) to equal seniority in the previous grade, with the appropriate degree immediately preceding, and so on until the age of high; (c) the age of high the gives the date in which it occurred; to equal this, the order of merit obtained to be discharged, and to equal this, increasing age.

3. Staff in retreat:

a) will be the oldest who has remained more simple time of service in grade in activity; (B) to equal time in simple service activity in the degree, the seniority shall be established by which it was in such a situation; (d) in situation of activity, in the same degree, the general body shall take precedence over the other bodies.

The staff at activity of any of the bodies, with equal degree will take precedence over the staff in retired status.

The cadets will have equivalence of degree, precedence on the junior staff. The aspirants will, to equivalence of degree, precedence over sailors of second.

(Paragraph incorporated by art. 10 Of the Law Nº 20,325 B. O. 10/05/ 1973) Art. 19. - Post: this is the role of the service plays in the destination.

Control: it is the authority that is vested to the naval police for the fulfilment of its tasks, the authority which is caused by the superiority by charge; when the control is exercised on operational units of security police exclusively, it is called operational command.

Destination: is the agency, office or unit where the naval police magazine.

CHAPTER II grouping of

Art staff. 20. - Staff are grouped into:

a) senior staff; b) junior staff; (c) Staff of students.

Art. 21. - The staff is classified as follows:

a) Top:

(b) Junior: is classified in bodies and scales, according to his specialty, as determined by the regulations of this law. (Replaced by art. 11 Of the Law Nº 20,325 B. O. 10/05/ 1973) c) Students, consisting of the cadets and aspirants of the various courses and years or periods of the schools of recruitment of senior staff and junior staff respectively, to be determined by the regulations of this Law.

(Article replaced by art. 1 Of the Law Nº 18,558 B. O. 03/23/ 1970)

Art. 22. - The bodies and their categories may be composed of one or more specialties, in accordance with the determined by the regulations of this law.

Art. 23. - The staff of the Prefectura Naval Argentina may possess one or more disciplines or change from one to another according to their abilities, in accordance with organizational needs and as determined by the regulations of this law.

CHAPTER III personnel and recruitment

Art. 24. - The prefect shall propose to the national naval commander-in-chief of the Navy personnel necessary to meet the demands of the services of the Prefectura Naval Argentina. These troops will be adjusted in a comprehensive manner in the general budget law of the Nation. The Prefectura Naval Argentina will distribute the core strength of their tables in accordance with their own needs. These officers shall consist of officers, non-commissioned officers, cadets, Los Cabos, sailors and aspirants.

Art. 25. - Admission to the institution will be granted only to the native Argentine or by choice, in the conditions that determine the regulation of this law.

Those entering before the call to service of conscription will not convene with your class and will be permanently excluded from this service, provided that they meet the requirements of the legal provisions governing the matter.

Art. 26. - The senior staff of the Prefectura Naval Argentina will be recruited in the following manner: (

a) general Body: graduates of the School of Prefectura Naval Argentina; (b) professional body and Supplementary Body: through the courses or examinations for admission, which for this purpose are performed between the which meet the requirements for each

specialty set the regulations made under this act. (B) and (c) replaced by the present by art. 12 Of the Law Nº 20,325 B. O. 10/05/ 1973) Art. 27. - When the recruitment of senior staff in the Professional Body or complementary to be carried out by competition for admission, the admission to the program will be "on commission". The final high will be granted after a period of three (3) years from the date of admission and always that the deceased has satisfied during that period the demands that regulate.

(Article replaced by art. 13 Of the Law Nº 20,325 B. O. 10/05/ 1973)

Art. 28. - The junior staff of the Prefectura Naval Argentina is expected to be inducted in the institutes specially designed for this purpose or through courses or examinations for admission to that effect. When this staff be trained by the institution in the specialties to be established by the regulation, you must sign a commitment to services in the form and conditions that set the same.

Art. 29. - When the recruitment of junior staff is carried out through competition for admission, the admission to the program will be "on commission". The final high will be granted after two (2) years from the date of admission and always that the deceased has satisfied during that period the demands that regulate.