The following legal provisions are amended:
- a)In Article 28 of Law No. 7012, of November 4, 1985, the phrase "Contraloría General de la República" is replaced by "banking entity that granted the credit." b) Article 18 of the Hydrocarbons Law, No. 7399, of May 3, 1994, the text of which shall read:
"Article 18.- The General Directorate of Hydrocarbons shall create an internal audit unit, which in matters of dependency, organization, competence, powers, responsibilities, and other related matters, shall be governed by what Law No. 7428, of September 7, 1994, establishes for that purpose. The superior oversight of the General Directorate of Hydrocarbons shall correspond to the Contraloría General de la República." c) The last paragraph of Article 168 of the Code of Tax Rules and Procedures, Law No. 4755, of May 3, 1971. The text shall read:
"Article 168.- [...]
Likewise, the Collections Office may order, ex officio or at the request of a party, the cancellation of the credits indicated in Article 157 of this code, when the corresponding statute of limitations periods have expired or when they are uncollectible accounts or credits. The resolution so ordering must have the approval of the General Directorate of Finance and must be made known to the National Accounting Office and the corresponding bodies so that they cancel the respective accounts or credits in their records or books. An appeal may be filed before the Administrative Tax Tribunal against the resolution denying the cancellation." d) Articles 8, 18, and 32 of the Organic Law of the Contraloría General de la República, No. 7428, of September 7, 1994. The texts shall read:
"Article 8.- Public Treasury (Hacienda Pública) The Public Treasury (Hacienda Pública) shall be constituted by public funds, the powers to collect, administer, hold in custody, conserve, manage, spend, and invest such funds, and the legal, administrative, and financial rules relating to the budget process, public procurement (contratación administrativa), internal and external control, and the responsibility of public officials.
Regarding non-state public entities, companies with minority public sector participation, or private entities, only the resources they administer or dispose of, by any title, to achieve their purposes and that have been transferred or placed at their disposal, through a legal rule or budget line item, by the State Powers, their dependencies and auxiliary bodies, the Supreme Electoral Tribunal, the decentralized administration, state universities, municipalities, and state banks, shall form part of the Public Treasury (Hacienda Pública). Resources originating from sources other than those indicated do not form part of the Public Treasury (Hacienda Pública); consequently, the legal regime applicable to those entities is that contained in the Laws that created them or the special regulations that govern them.
The public patrimony shall be the universe constituted by public funds and the liabilities borne by the component subjects of the Public Treasury (Hacienda Pública). The component subjects of the Public Treasury (Hacienda Pública) shall be the State and the other public entities or bodies, state or not, and public companies, as well as subjects of Private Law, insofar as they administer or hold in custody public funds by any title, with the exceptions established in the preceding paragraph." "Article 18.- Budget oversight It is the responsibility of the Contraloría General de la República to examine for total or partial approval or disapproval the budgets of the entities referred to in Article 184 of the Political Constitution, as well as those of the rest of the Decentralized Administration, semi-autonomous institutions, and public companies. Non-state public entities must comply with this requirement when a special law requires it.
Should any budget be disapproved, the previous year's budget shall govern. If the disapproval of the budget is partial, the previous year's budget shall govern with respect to the disapproved portion until the deficiencies are corrected.
Bodies, executing units, funds, programs, and accounts that administer resources independently must likewise comply with the provisions of this article. The Contraloría General de la República shall determine, by reasoned resolution for these cases, the budgets that, due to their amount, are excluded from this procedure.
The Contraloría General de la República shall oversee that budgets are formulated and submitted for each fiscal year in accordance with legal and technical provisions.
If the Contraloría delays the processing and approval of a budget, the previous budget shall continue to govern until the Contraloría issues its decision.
When dealing with programs or projects whose execution extends beyond said period, the entity formulating the budget must demonstrate, to the satisfaction of the Contraloría General de la República, that it will have the complementary financing to complete the respective program and project." "Article 32.- Annual report. Periodic reports and appearance The Contraloría General de la República shall submit to the Legislative Assembly a report on the fulfillment of its duties and powers of the previous year, including an exposition of opinions and suggestions it deems necessary for the efficient use of public funds, and send it to each of the deputies by May 1st of each year.
Likewise, the Contraloría General de la República shall submit to the Commission for the Control of Public Revenue and Expenditure of the Legislative Assembly periodic reports on the budget management of the public sector and on audits and complaints that have repercussions on the public resources being administered. The periodicity of the reports shall be established by the aforementioned Commission. The Comptroller General of the Republic shall appear before the Legislative Assembly or before its Commissions whenever required, in accordance with the provisions of the Regulations of the Legislative Assembly." e) Article 16 of the Financial Equilibrium Law, No. 6955, of February 16, 1984, the text of which shall read:
"Article 16.- To promote the rationalization of employment in the public sector, the Budget Authority shall set the guidelines regarding public employment, which may include limits on the number of positions per institution. Compliance with such guidelines shall be the responsibility of the highest authority of the respective institution. Likewise, institutions must submit the information requested to verify said compliance." f) Article 9 of the National Planning Law, No. 5525, of May 2, 1974, the text of which shall read:
"Article 9.- It is the responsibility of the Ministry of National Planning and Economic Policy to ensure that public investment programs, including those of decentralized institutions and other Public Law bodies, are compatible with the forecasts and the order of priority established in the National Development Plan." g) Article 104 of the Organic Law of the Central Bank of Costa Rica, No. 7558, of November 3, 1995, the text of which shall read:
"Article 104.- Collection for services The Central Bank shall receive, for the services it provides to the Government and its dependencies or to the municipalities or autonomous institutions, as the case may be, the rates agreed upon, based on the computation of the Bank's operating cost for the execution of such services. The Bank shall not permit, under any circumstance, overdrafts in the accounts maintained by the mentioned entities."