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Department Investment Legislation

—*Department Investment Legislation *—-

Statistical information

LOCALIZATION

San José boasts privilege for the establishment of investment conditions because of its geographical location.
National Route 1 connect Montevideo and Colonia, we located in any point
of your journey by San Jose through Department, to no more than a hundred kilometres from Montevideo port or in the city of Buenos Aires, with good road communications with the rest of the country and neighbouring countries.

SERVICES

There are, for the entire Department, good roads, wide availability of water and energy.
It is built to date a pipeline that within a few months will provide natural gas to major urban areas and all along the route 1.
Good communications.

TAX BENEFITS

Apart from the benefits obtained from the Declaration of National interest
(Act No. 16.906/98), in relation to national taxation, which are the result of the Declaration of interest, including all departmental tax exemption for a period of time that varies from three months to ten years, according to the category in which the project is classified.

LAND AND INFRASTRUCTURE

As a way to facilitate the realization of various investment initiatives, the Departmental Government has made donation of lands that some undertakings will be installed and will collaborate with soil levelling works, roads internal and other facilities which we have appropriate machinery.

DEPARTMENTAL GOVERNMENT SUPPORT

Decidedly endeavouring to promote the establishment of investment in our Department, the departmental Government gives priority to facilitate and accelerate the processing, eliminating bureaucratic obstacles, both which corresponds to its jurisdiction, to which must be managed to national agencies.
The Departmental Executive has made a commitment, as a way of supporting start-ups from presented to the Executive Branch for initiate procedures for the Declaration of national interest, which implies, among other benefits, exoneration of heritage assets (movable property and data processing equipment) active fixed tax, exemption from and IMESI for the importation of the above-mentioned goods and refund of VAT included in the purchase in plaza

Similarly acts in relation to the various agencies to which investors must make efforts, as a result of which, there are already some of them, by way of example UTE ( our national energy agency ), certainly has more beneficial conditions than previously, in respect of an input of the importance of electrical energy.

Resolution dated on September 1, 2003- Number 2417

Watched: draft decree submitted by Mr. Councillor Daniel Bentancor;
Considering: that it refers to the amendment of Decree Number 2.707 which currently governs the declarations of interest and the advice of the committee on legislation and labour issues; Department Board Resolve : approve the report preparated by the Advisory Commission, unanimously present punishing in general and in particular of mind the Decree Nº 2952

CHAPTER I

GENERAL PRINCIPLES

Article 1 – Departmental interest
It may be declared of interest, the introduction in the Department of any company or entity of any legal nature, as well as the development of an activity or event determined under conditions of requirement set out in this Decree and in existing legislation. Also may avail themselves of the undertakings or entities already installed in the Department, always made investment project or to perform, compose the requirements and conditions required.

Article 2 -Scope and objectives.

Declaration of interest may be garanted to an undertaking or entity of any legal nature or in the development or implementation of an event or an activity involving benefits to the Department in the latter case of identifying the person or entity that is granted without.

CHAPTER II

TRAMITACION

Section I – Application and information

Article 3º Rrequired Information
Companies that wish to obtain the Declaration of interest, be submitted to the Department Government specifying and enclosing the following items:

A) The draft investment that includes analysis of feasibility, as well as the study of the technical, economic and financial viability of the company, its history, and the details of activity carried out or planned.
Such project must allow, in addition, evaluating their impact on: occupational level, ecology of the area, level of competitiveness with the already established companies, period of residence in the middle and the economic and social benefits to the Department.

B) The documents established by the regulation and instructive to dictate the departmental Executive.

Article 4th – Environmental Impact.

Without prejudice to the provisions of the preceding article, companies that develop activities covered by article 2nd of the environmental impact assessment regulation, approved by the Decree of the Branch Executive Number. 435/994 of 21st September 1994, must be documented completion management for obtaining the corresponding certificate and failing, affidavit of not being covered in this standard, as well as that the project complies with all departmental provisions relating to environmental pollution and emission of effluents and the treatment of the same provisions.

Benefits to be granted shall be conditioned to the prior environmental authorization provided for in article 7 of law No. 16.466 of 19 January 1994, awarded by the Ministry of Housing, Land Management and Environment

Article 5 th- Previous incentives.
Companies receiving previously, on the part of the Departmental Government grants in order to stimulate his residence at the Department, must apply for the Declaration of interest and installed in a period of time not exceeding twelve months from the date of the granting.
In exceptional cases and by expressly grounds may be made, the installation period noted above, until eighteen months.

Article 6th- Activities or Events).

Applications for declaration of interest in activities or events must describe in detail what are them and the purposes pursued.

Section II – Proceedings

Article 7th – Competent bodies.

The Declaration of interest shall be made by the Mayor with the consent of the Departmental Board.

Article 8th – Evaluation.
The Mayor will evaluate the business, and may request the extension of the information provided in any sense project, as well as require another type of benefits and if it is considered acceptable, the Mayor will forward it to the departmental Board.
Article 9th – Consent.
From the date of entry of the intendant pose the consent request message, the departmental Board will have ninety days to issue thereon.
Pronouncement in the course of that period is deemed ficta positive consent.
Decisions shall be taken by two-thirds of the total number of its components.

The departmental Board may not vary the categorization of the project carried out by the municipal government.
Where Mayor considers not acceptable the submitted project, shall also forward it to the departmental Board with their background, for informational purposes.
That period shall be suspended in the departmental Board recess periods and when the intendant required expansion of information.
Section I – Benefits
Article 10th -Categorization.
Application for consent to the departmental Board, the Mayor must contain project in some of the following categories according to consideration that you make of it and the benefits that represents for the Department:

Category “A”:
Shall be granted exemption from municipal taxes for a period of up to ten years and shall be granted concessions laid down in paragraph first category “C”.
To be included in this category the company shall certify its permanence and effective functioning of the project in the environment for a period not less than the requested exemption, and the social, labour, economic and environmental contribution of the project must be of the utmost importance for the Department.

Category “B”:
Shall be granted partial exemption from municipal taxes, defined as determined by the municipal government and whereas the request made, for a period of up to five years, giving further concessions referred to in the subparagraph “C” category.

Category “C”:
The use of the phrase “Declared Interest Departmental” in advertising and management thereof for a period which shall stipulate the communal Executive initiative shall authorize company, event or activity.
Only in this category include cases, benefits established in its own Declaration, on a proposal from the Mayor may be granted.

Section II – Obligations

Article 11th -Commitments.
Companies included in the categories “A” or “B” of article 10 shall:

(A) Using local labour in a proportion not less than 90% (ninety percent) of busy staff, both in the civil works and later permanent work.
Workers must be born in the Department of San José or have resided as usual on it for a period longer than three years prior to the date of the Declaration of interest of the company.
They are excepted, provisions above, those cases where companies demonstrate, founded the project, as the need to recruit staff outside of San José Department.

(B) Purchase as a priority, in the Department of San José, those inputs occurring therein, which are commonly used in the production process of the company.

(C) Significantly promote the activities of micro, small and medium-sized local enterprises.

(D) Buy materials for the construction of civil works or infrastructure in shops or local producers on a priority basis.

Article 12th – Environment.
The beneficiaries of this Decree shall refrain from any act which causes looting, destruction, or contamination of the environment.
They must also comply with the departmental and national provisions in force in the matter.
Article 13th – Reports.
Companies or legal entities declared “Departmental Interest” shall annually submit a report of activities carried out, the degree of compliance with the objectives set and obligations laid down by this Decree.
Failure to submit these reports, cause automatically the end of benefits granted under this rule.
The departmental Executive may carry out inspections in the company and require the submission of reports on activities at any time.

Article 14th – Default.
If there is a departure to the obligations laid down by this Decree in corporate responsibility, shall automatically cease full benefits granted, without prejudice to the reliquidación taxes, fines and surcharges which may be still insufficient notification to the company through authentic.
The existence of debts collection State agencies and social security enabled the departmental Government to cease the benefits granted under the provisions of this Decree.

Article 15 th – Guarantees.
In all cases, the Mayor may require guarantees that understands relevant in relation to the effective fulfillment of the beneficiaries of the obligations associated with the Declaration of interest and prior, where necessary, incentives concerning article 5th.

CHAPTER IV

MISCELLANEOUS PROVISIONS

Article 16 th – Repeal.
Repeal order No. 2.707 dated on 31st July 1995.

REGULATORY

Article 17th
The Executive Department shall regulate the present Decree, and report annually to the departmental Board on the implementation of the enclosing the reports established by article 13th of this Decree

Article 18 th
Communicate, publish, etc

Room sessions- department board
September 1 2003

     

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