Asunción, July 2000
SEEN: The Law N°. l.064 of May of l.997 13, OF ASSEMBLING"; and
CONSIDERING: The necessity to begin a process of deep modification of the position of the Paraguay in the environment of the Production and of the Trade International;
That, the Assembling, for the nature of their operations": Shared Production", inserted in the context of globalization in the one that the Paraguay is included, takes implicit a great one integrative capacity, at regional and global level;
That the Program Factory worker, for their characteristics and orientation of and toward the markets of the exterior, will have a positive impact in the economy of our Lenders of Services, Primary Producers and Industries, especially the Small and Medium Companies whose nexus will be the Subcontract that will contribute to the invigoration of the national economic activity;
That the Assembly plants, will constitute a sector with great transmission capacity and generation of tip technologies that facilitate to elevate the competitiveness of our national industrial base;
That the same one, will represent an important generating source of employments, as well as of training and training of our Managers, Professionals and Technicians, like of the manpower in general;
That, this type of programs, surplus by nature, they can be constituted in an important mechanism to generate net revenues of foreign currencies to the country;
That for an appropriate implementation of this Regime, it is necessary to adapt the national juridical mark and to create a continuous artificial road especially to the interior of the MERCOSUR;
That it is necessary to use all the compatible mechanisms of economic politics with the international commitments assumed by the Paraguay, in way to create the favourable conditions for the foreign and national investment.
That for such an effect, it is necessary to adopt the necessary administrative measures, with the purpose of facilitating the agile and simplified application of the bureaucratic steps they allow to these Companies to achieve the maximum of competitiveness; and;
That the National Constitution authorizes to the Executive Power to dictate regulation norms for the correct application of the laws.
THEREFORE, in exercise of their constitutional abilities;
THE PRESIDENT OF THE REPUBLIC OF THE PARAGUAY
DECREES:
FIRST CHAPTER
GENERAL DISPOSITIONS
Article 1°. - Application of the Legal Dispositions The present regulation will govern the application of the Law N° 1.064 of May of l.997 13, Of Assembling." Supplementarily, for the cases not foreseen specifically in this, it will be applied the present Regulation and respective Resolutions, the dispositions of the Code Customs officer, Civil Code, the Environmental Legislation, like the others norms that integrate the National Positive Right likewise.
Article 2°. - Definitions For the application of the Law and the present Regulation, the terms that are used in the same one and next they are mentioned they will have the following meaning:
- LAW: Law of Assembling.
- REGULATE: The present regulation of the Law of Assembling, or those are dictated in the future.
- RESOLUTIONS: The Resolutions of the National Council of the Industries Assembly plants of Export (CNIME).
- CNIME: To the National Council of the Industries Assembly plants of Export.
- SECRETARY: To the Executive Secretary of the CNIME.
- DGA: To the General Direction of Customses.
- ONA: To the National Organism of Documents.
- INTN: To the National Institute of Technology and Normalization.
- PERSON: To all, physical, juridical person national or foreigner.
- WOMB: The foreign Company domiciled abroad that it hires the Service of Assembling.
- PLANTS ASSEMBLY : To the physical place where they will be carried out the operations of Assembling.
- TWIN PLANTS: Plants complementary to the production structure in the country of origin of the Womb that they are enabled in the country in order to operating under the Regime of Assembling. Assembly plants and Twin Plants are not identical terms, because although all the Twin Plants", Assembling not all the " Assembly plants " have twin plants abroad.
- REGIME AND/ OR REGIME OF ASSEMBLING: To the Regime of Import Temporary Assembling.
- CENTER OF COST OF PRODUCTION: Figure juridical with which the Companies Assembly plants settle down, to which are not demanded utilities and they are applied the tributary treatment settled down in the Law.
- AND/ OR PROGRAM OF ASSEMBLING PROGRAMS: Description of the activities of Operation of Assembling.
- IT COUNTS CURRENT: Control System that will be used in the relationship among the Entity Regulator, CNIME - DGA and the Companies Assembly plants, to the effects of determining the rights and emergent obligations of the Program of Assembling of Export, in reference to the entrance and exit of Goods to the help of this Regime.
- EXPORT AND/OR INDIRECT EXPORTERS: The provision and/or the national supplier of Goods and/or Services that they will be used in the Process of Assembling for the production of Goods of Export.
- SWORN DECLARATION OF VALUE: To the substitute document of the Commercial Invoice, in reason of the nature characteristic of the Operation Assembly plant, established as Center of Costs that cannot carry out any type of operation of Sale and purchase.
- IMPORTATION TEMPORARY ASSEMBLING: The Regime of Temporary Import that will be applied to the Companies that operate under the Regime of Assembling.
- NOTICES OF SENDS ASSEMBLING: Instrument that is used for the transfer of the basic Matters and Inputs of incorporate Goods under the Regime of Assembling.
- EXPORT OF SERVICES; For the effects of this Law they will be considered Export of Services, the use abroad of services lent by residents in the country, for concept of Operations of Assembling of Export.
- GOODS: Includes to all the Goods of Capital and/or of Production they will Be cared Temporarily to the help of the present Regime whose meaning will be similar, in all the cases to: materials, goods used in the Law, this Regulation and respective Resolutions.
- MIXED OPERATIONS: Combined Realization of activities lowers General Regime and Regime Assembling.
BUDGET OF BALANCED FOREIGN CURRENCIES: It is the positive difference. Among the foreign currencies entered by the activity exporter of the Assembly plant and the exits by the Definitive Import of the Goods incorporated in the products authorized for the sale in the Internal Market.
UNTOUCHABLE ASSEMBLING OF SERVICES: Modality included inside the Assembling of Services that has for object to grant a Value Added intellectual, or of another similar nature, to untouchable Goods cared temporarily by any electronic means.