Executive Decree PCM-065-2020 by which Article 20 of Executive Decree PCM-064-2019 is reformed concerning the Transition Commission

This decree extends the deadline for UTEP-APP to fully take over public-private partnership projects previously managed by COALIANZA. It changes the transition deadline to August 15, 2020, and orders COALIANZA to stop initiating new projects during this period. It affects government entities and private companies involved in infrastructure projects.

Whereas, in accordance with Article 245, paragraphs 2, 11, 19, and 45 of the Constitution of the Republic, it is incumbent upon the President of the Republic, among other powers: To direct the general policy of the State and represent it, to issue agreements, decrees, and to enact regulations and resolutions in accordance with the Law, as well as to administer public finances and the other powers conferred upon him by the Constitution and the Laws.

Whereas, in accordance with Article 11 of the General Law of Public Administration, the President of the Republic is responsible for the supreme direction and coordination of the Centralized and Decentralized Public Administration, being able to act by himself or in Council of Ministers.

Whereas, by Executive Decree Number PCM-064-2019 dated November 15, 2019, and published in the Official Journal "La Gaceta" on December 17, 2019, it was decreed to suppress and liquidate the Commission for the Promotion of the Public-Private Alliance (COALIANZA), within a maximum period of six (6) months counted from the effective date of said Decree.

Whereas, by Executive Decree Number PCM-064-2019, a Transition Commission was created, presided over by the Secretariat of Investment Promotion, with temporary character for the transition of the APP projects handled to date by COALIANZA and any other special entity, so that the projects are led by each Grantor with the technical support of the UTEP-APP and under the guidelines and decisions of the Superior Council of the APPs and in accordance with the Law, regulations, and other guidelines and manuals, composed of: ROCIO IZABEL TABORA MORALES SECRETARY OF STATE IN THE MINISTRY OF FINANCE; KARLA EUGENIA CUEVA AGUILAR SECRETARY OF STATE IN THE MINISTRY OF HUMAN RIGHTS; ROBERTO ANTONIO ORDOÑEZ WOLFOVICH SECRETARY OF STATE IN THE MINISTRY OF ENERGY; NICOLE MARRDER AGUILAR SECRETARY OF STATE IN THE MINISTRY OF TOURISM; NELSÓN JAVIER MARQUEZ EUCEDA SECRETARY OF STATE IN THE MINISTRIES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS); CARLOS ANTONIO CORDERO SUAREZ SECRETARY OF STATE IN THE MINISTRIES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES.

Whereas, in the aforementioned Executive Decree, a period of six (6) months is established to carry out the transition and the UTEP-APP can be in complete operation.

Whereas, the Constitutional President of the Republic in Council of Secretaries of State, issued Executive Decree number PCM 005-2020, published in the Official Journal "La Gaceta" on February 10, 2020, issue number 35, 171, reformed by Executive Decree number PCM-016-2020, with publication date of March 6, 2020, and Executive Decree number PCM-023-2020, published in the Official Journal "La Gaceta" on March 21, 2020, by virtue of which a State of Humanitarian and Health Emergency is Declared throughout the national territory, with the purpose of continuing and strengthening prevention and control actions and to guarantee care for persons suffering from dengue; likewise, to strengthen surveillance, prevention, and control actions and to guarantee care for persons in the face of the current occurrence of coronavirus (COVID-19) infection; the aforementioned Declaration of Emergency shall be effective until December 31, 2020, and may be extended.

Whereas, the President of the Republic in Council of Secretaries of State, approved Executive Decree Number PCM-021-2020 published in the Official Journal "La Gaceta" on March 15 of the current year, which establishes the restriction at the national level of the Constitutional Guarantees stipulated in Articles 69, 78, 81, 84, 99, and 103 of the Constitution of the Republic; likewise, its Article 2 contemplates specific prohibitions, among which is the suspension of work in the public and private sectors during the time of exception; the aforementioned Executive Decree was reformed by Executive Decrees Numbers PCM-022-2020, PCM-023-2020, PCM-026-2020, PCM-028-2020, PCM-031-2020, PCM-033-2020, PCM-036-2020, PCM-040-2020, PCM-042-2020, PCM-045-2020, PCM-047-2020, PCM-048-2020, PCM-052-2020, PCM-053-2020, PCM-056-2020, PCM-057-2020, PCM-059-2020, and PCM-063-2020. The restrictions to the Constitutional Guarantees described above continue to be in force in the country.