The government broke the law to sign the loan with the IMF

In addition to not having accepted the Fund's agreement through Congress, the executive did not follow the internal debt issuance protocol.

April 28, 2019

On the verge of default, Mauricio Macri went to the IMF to give him the necessary currency to ship until the end of his term. Because of his desperation, he chose to disobey the formal process required by the Constitution and the Argentine laws, which aims to avoid embezzlement, abuses and attacks on society, which has imposed an insurmountable neoliberal tutelage and the loss of the economic freedom of future mandates.

After Wall Street refused to lend more dollars because of the high risk of a third-world, formerly agricultural country, Finance Minister Nicolás Dujovne went to Washington to beg for money. Fund money. The executive director of the organization, Christine Lagarde, badyzed this opportunity as an opportunity to catapult her political aspirations and presented the most important credit in the history of the multilateral entity: 50 000 million US dollars.

To avoid wasting time, Macri, Dujovne and former Central Bank President Federico Sturzenegger violated the constitutional mandate to seek permission from the National Congress before any public debt.

But even more, the law of the administrative procedure stipulates that internal decrees, decrees and resolutions must be published that previously allow the carrying out of an act of the state. Each of these actions must be based on facts and antecedents. Even the purchase of reams in a small unit, so it is clear that it is also the biggest loan in the history of Argentina.

The executive has omitted all these steps, as shown by the responses presented to the courts by representatives of the Ministry of Finance at the Salvage Companies Movement and the Center for Studies on Financial Integration (CINFIN). . Destape had access to documents from the Dujovne office that had been turned over to these two agencies, which independently requested access to public information.

At first the government refused to share the files, arguing that all existing information was already public. This is the letter of intent and the two memoranda of understanding signed by Dujovne and Sturzenegger with the IMF. However, they have not issued any of the decrees and resolutions that should explain why they went to the Fund and not the international markets, why they asked for $ 50 million and when they were authorized by Macri to sign such contract, which binds the hands of future administrations.

For the Treasury's lawyers, who must defend the state and not the civil servants, the signing of the agreement is a power of the executive power; they do not require prior notice or approval from the National Congress.

After much insistence, CINFIN received an administrative file which, according to them, justified the contract with the multilateral organization. However, the shares date from a date after June 12, the date of the signing of the loan's letter of intent, which leaves a doubt as to whether the loan was manufactured after the first request. of the Salvated Companies Movement.

The government did not submit any documents in the courtroom to prove that it had acted under local law to reach an agreement with the Fund, suggesting that it was making its decisions to individual title and without having previously studied the impact of such serious problems. decision in society or to repair the interests of the state.

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