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NATIONAL DEFENSE
Order in Council 683/2018
DECTO-2018-683-APN-PTE – Amendment. Decree No. 727/2006
City of Buenos Aires, 23/07/2018
SEE the laws nr. 23,554, 24,059, 24,948 and 25,520 and Nros decrees. 727 of June 12, 2006 and 1691 of November 22, 2006 and
CONSIDERING:
that National Defense Act No. 23554 regulates an essential and intransmissible obligation of the State, where all necessary efforts must converge to preserve the vital interests of the Republic.
That the defense system and its military instrument are justified by the very existence of the state and not by the definition of a certain temporal scenario and its corresponding threats, and that its essence it is linked to the eventual exercise of the monopoly of force for the resolution of the conflict in all its scope, from crisis to war or international armed conflict, as provided by the NATIONAL EXECUTIVE POWER
. the parameters and criteria to be taken into account for the mission, the organization and the functioning of the defense system in general and, in particular, the ARMED FORCES constitute a real deterrent, in accordance with the perception of threats to the interests of the Nation and the present and future risks that flow from it.
This deterrence is one of the ways it acts and national defense is expressed.
That the National Defense Act clearly states in its article 2 that "… the integration and coordinated action of all the forces of the Nation for the resolution of conflicts which require a use of armed forces, in a dissuasive or effective way, to deal with attacks of external origin. "
That this type of badaults is not only military in nature, but that they sometimes manifest themselves in another way that, without ceasing to have their origin abroad, develop and / or affect our territory, affecting interests that National Defense can and must contribute to preserving.
the evolution of the security and defense environment it is necessary to establish the roles and functions that each of its constituent entities must badume in order to contribute to the efficient use of the resources of the NATIONAL STATE.
fundamental principle of the ARMED FORCES restructuring the priority to joint action and the operational integration of forces, as well as the security forces in their support functions and with the regional forces and those of the countries that integrate the peace contingents by United Nations mandate
That the need to amend the existing regulations of the National Defense Act is clearly manifested from the moment when it is observed that by a regulatory excess at the time of determining the details and the details necessary for it. application of existing legislation, it is not appropriate to restrict the possibilities for the Defens. However, this does not imply closing the existing boundaries between the fields of application badigned by the legal system to the jurisdiction of National Defense and Homeland Security.
to determine the competences of each of these sectors in order to ensure the protection of the sovereignty and independence of the ARGENTINA NATION, its territorial integrity, its natural resources, its capacity for self-determination and the protection of life, liberty and rights It is therefore necessary to understand as aggression of external origin, in the terms provided for by the National Defense Law, the use of armed force against sovereignty , the territorial integrity or political independence of our or any other way incompatible with the United Nations Charter.
Without prejudice to RAS ARMADAS, must be carried out in accordance with the provisions of Law No. 23554, with the limitations provided for in Laws Nos. 24 059 and 25 520.
That, on the other hand Article 31 of Law No. 23,554 states that members of the national defense system identified in Article 9 (g) of the above-mentioned law shall develop permanent and regular strategic objectives of National Defense.
The normative changes, the NATIONAL GENDARMERIE and the ARGENTINA NAVAL PREFECTURE do not depend organically and functionally on the MINISTRY OF DEFENSE.
That, in this context, it should be specified that the protection of these strategic objectives for National Defense will be carried out by the members of the national defense system identified in paragraphs f) and g) of Article 9 of the aforementioned law n ° 23554.
This, ultimately, because of the In this amendment to the existing regulations of the National Defense Act, it is necessary to repeal the directive on the organization and functioning of the armed forces approved by Decree No. 1691 of 22 November 2006.
That they took the intervention of its competence the DIRECTORATE GENERAL FOR LEGAL AFFAIRS of the MINISTRY OF DEFENSE and the DIRECTORATE GENERAL OF LEGAL AFFAIRS of the MINISTRY OF THE SECURITY
That the present measure be issued in the exercise of the powers provided for in Article 99, paragraph 2, of the NATIONAL CONSTITUTION
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION [19659005] DECREES:
ARTICLE 1.- Article 1 of Decree No. 727/06 is replaced by the following:
"ARTICLE 1.- The Armed Forces, a military instrument of national defense, shall be used in a dissuasive way or effective against attacks of external origin against the sovereignty, territorial integrity or indep political tendency of the ARGENTINE REPUBLIC; the life and liberty of its inhabitants, or any other form of external aggression incompatible with the Charter of the United Nations.
The fulfillment of this primary mission does not affect the provisions of Law No. 24.059 on internal security. and in Law No. 24.948 on the Restructuring of the Armed Forces, with regard to the scenarios in which the use of the military instrument is foreseen and the provisions defining the scope of such intervention in the operations of the armed forces. support for internal security. 19659005] ARTICLE 2. – Replace Article 3 of Decree No. 727/06 with the following:
"ARTICLE 3.- The armed forces shall supervise its planning and use in the following types of operations : Operations in defense of the vital interests of the Nation Operations organized within the framework of the United Nations (UN) or other international organizations, Operations provided by Law No. 24 059 and support operations To these ends, they adapt their doctrinal formulation, their planning and their training to the forecast of the acquisition of equipment and / or means in accordance with the provisions of Law No. 23554, with the limitations provided by Laws No. 24.059 and No. 25.520. "
In the case of missions provided for by Law No. 24.059, the MINISTRY OF DEFENSE shall consider the organization, the equipment, doctrine and training ARMED FORCES as criteria for strategic forecasts. operational integration of its logistical support functions with SECURITY FORCES. "
ARTICLE 3. – Article 23 of Decree No. 727/06 is replaced by the following:
" ARTICLE 23: ARMY ARGENTINA, ARMY OF THE ARGENTINE REPUBLIC and the AIR FORCE ARGENTINA constitute the Military Instrument of National Defense; which should be conceived as a single integrating example of the forms and modalities of action peculiar to each of these forces.
The basic fundamental mission of the Military Instrument is to provide national defense in situations of external aggression. "
ARTICLE 4. – Article 24 of Decree No. 727/06 is replaced by the following:
" ARTICLE 24.- The Forces that make up the Military Instrument have the task of preparing to train and maintain the means at their disposal, as well as the functions and responsibilities badigned by the current regulations, to ensure their effective use in military planning. "
ARTICLE 5. – Article 24 bis of Decree No. 727/06 is incorporated as follows:
" ARTICLE 24a.- The national defense system shall have the custody of the strategic objectives referred to in Article 31 of Law No. 23554, by the members identified in paragraphs f) and g) of Article 9 of the above-mentioned law. "
ARTICLE 6.- Decree No. 1691 of November 22, 2006 is repealed.
ARTICLE 7. – Communicate, publish, submit to the NATIONAL DIRECTORATE OFFICIAL DOSSIER and deposit MACRI – Marcos Peña – Oscar Raúl Aguad
e. 24/07/2018 No. 53292/18 v. 24/07/20
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