Resolution No. 13-E/2017 enacted by the Office of General Counsels (Procuración del Tesoro de la Nación) implemented Decree No. 201/2017, that established a new protocol applicable to proceedings between the Federal Government and parties related to the President or other authorities of the Federal Executive Branch.
On April 4, 2017, Resolution No. 13-E/2017 (the "Resolution") of the Office of General Counsel (Procuración del Tesoro de la Nación) (the "General Counsel") was published in the Official Gazette, implementing Decree No. 201/2017 (the "Decree"). The Decree established a special protocol for proceedings between the Federal Government and individuals or legal entities related to the highest authorities of the Executive Branch of the Federal Government (for more information about the Decree please see: Conflict of Interest in Proceedings Involving the Federal Government published in Marval News # 170).
The Resolution includes the following provisions: 1. approval of complementary and/or clarifying rules of the Decree, pursuant to Annex I of the Resolution; 2. approval of the Sworn Statement form (provided by section 5 of the Decree), pursuant to Annex II of the Resolution; and 3. creation of the "Conflict of Interest – Decree 201/2017" Registry ."
The complementary and/or clarifying rules cover procedural aspects required for the implementation of this new regime, among others:
- terms for communications between the General Counsel and other government legal counsel (servicio jurídico), and the contents of the report to be provided in such connection (pursuant to section 4 of the Decree);
- scope of the General Counsel's advice;
- exclusive responsibilities of government legal counsel;
- guidelines for proceedings taking place outside the jurisdiction of the City of Buenos Aires; and
- rules applicable to the proceedings that are open at the time of the enactment of the Decree, so that the General Counsel may assume as representative and/or advisor, if applicable.
Furthermore, the Sworn Statement form (pursuant to section 5 of the Decree) must be available in the General Counsel's website, and must be completed by the person initiating a claim against the Federal Government, disclosing the existence (or not) of a conflict of interest, and in such case, under which circumstance.
Information and Disclosure
The General Counsel created the "Conflict of Interest – Decree 201/2017" Registry and instructed its implementation within the judiciary network (Sistema Único Informático para la Gestión Judicial). The Resolution does not include further details on the scope of this registry.
Lastly, the General Counsel resolved to instruct the relevant government IT department, to create a link on its website in order to publish the following information (pursuant to section 3 of the Decree):
a) List of judicial proceedings and other processes subject to the Decree, providing the file name, number, court, and link to the digital file of the Judicial Branch of the Federal Government.
b) Updated information on status of the proceedings and hearings or meetings to be held, according to the rules and exceptions governing access to public information.
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