Conflict Of Interest In Proceedings Involving The Federal Government: Implementing Resolution Was Enacted.

Author:Ms Patricia Lopez Aufranc and Maria Claudia Paluszkiewicz
Profession:Marval O'Farrell & Mairal

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 ."

Procedural aspects

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,...

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