Constitutional Reform: Impact on Oil Companies in Venezuela
Constitutional Reform: Impact on Oil Companies in Venezuela
In date, October 14 of 2.007, the Mix Commission of the Civic Assembly (AN) allotment the abode of the 58 Accessories that are action to be discussed in adjustment to ameliorate the present Constitution.
During this week, on the third affair of aldermanic debates, assembly of the Civic Assembly are declared to agitation in detail the amendments. In that order, the accustomed accessories are action to be voted in a planned election set for December 2 of 2.007.
Of the 58 accessories in the proposal, the best important according to the absorption of the business are:
Article 21: Of the according afore the law
The angle includes that no one can be discriminated based on his animal orientation.
Article 64: Of the age to vote
The angle bargain the minimum age appropriate to vote, from 18 to 16 years old. It additionally allows adopted citizens on or afterwards 16 years old and with added than 10 years in the Country to vote in Municipal and State elections.
Article 70: Of accepted accord in accessible matters
The angle includes assertive modifications of Commodity 70 of the Constitution, which gathers the altered agency of accepted accord in accessible matters. The ameliorate of the commodity claims the assimilation of new forms of civilian accord that are alone enunciated, accordingly awaiting an authentic estimation of the new concepts by the Legislator. However, as the accepted commodity states, alone decisions issued by Citizen Assemblies are to be advised binding.
The afterward abstracts are now foreseen: Councils of Accepted Power (such as common councils, action councils, acceptance councils and rural councils); companies of amusing “direct” and “indirect” production; common banking organizations; autonomous workers; common companies; free-lance producers associated, etc.
Article 87: Of the appropriate and assignment to work
The proposed Commodity 87 of the Carta Magna stipulates the appropriate and assignment to work. However, it now declares that bodies alone can exercise assignment while actuality aural the “age of working”. Additionally, there is a bright ambition to extend the aegis of the State to the complete workers and non-subordinates by agency of a Fund of Amusing Stability.
Also, the angle declares that it will no best be the employer but the State, who “will agreement that all action centers accept to the assurance conditions, hygiene, ambiance and amusing relations according to animal abode (…)”.
Article 90: Of the hours of work
The angle reduces the circadian day of work, from 8 to 6 hours and from 44 to 36 account hours of work. Night accouterment are to be bargain from 7 to 6 hours per day and from 35 to 34 account hours of labor. The aforementioned commodity in the proposed ameliorate states that the employer “will accept to align and adapt the mechanisms for the best appliance of the chargeless time in account of the education, basic training, human, physical, spiritual, moral, cultural and abstruse development of the workers”.
Article 98: Of the Intellectual Property
The angle eliminates the aegis of the State on Intellectual Property. This means, that anybody can use author’s rights on any creation.
Article 115: Of the appropriate of Property
While the accepted Constitution alone refers, generically, to the “right of property”, the new angle recognizes the afterward types of property:
1. Accessible property: the State is the sole owner.
2. Amusing property: it is assured that this affectionate of acreage is endemic by the people. However, it is subdivided in 2 categories:
· The amusing aberrant property, which is acclimatized by the State in representation of the community, and
· The amusing complete property, which consists of the State allotment the exercise of acreage to an organized community.
3. Aggregate property: endemic by accommodating associations.
4. Alloyed property: which apropos the State, the amusing sector, the aggregate area and the clandestine sector.
5. Clandestine property: apropos accustomed or argumentative bodies and is accustomed on appurtenances of use and consumption, and agency of assembly accurately acquired.
Finally, back it comes to expropriation, the commodity declares the achievability of the State application appurtenances afore a close acumen and the corresponding aloof indemnification.
Article 302: Of the explotation of Hydrocarbons
In the ameliorate proposed of commodity 302 of the accepted Constitution, the State saves itself the action of corruption of the liquid, solid and aerial hydrocarbons, as able-bodied as the developments, casework and appurtenances of accessible absorption and of cardinal character. Therefore, any activities accompanying to hydrocarbon corruption will accept to be operated by alloyed companies, in which the State stands as the arch shareholder.
In addition, it proposes to add a new paragraph, according to which “the State will accord alternative to the use of civic technology for the processing of the liquid, aerial and solid hydrocarbons”.
Article 303: Of the non-privatization of companies with aloof activities
The angle does not acquiesce the fractional or complete Privatization of PDVSA or any aggregation with assets activities.
Article 307: Of ample estates and advantageous lands
Although the angle for commodity 307 of the Constitution foresees, primarily, issues apropos ample estates and why they care to be abolished, it includes a account in which it establishes that “the Law will actualize taxes on advantageous acreage that are not acclimated for agronomical or beasts production”. Additionally, it stipulates, “(…) to the purposes of guaranteeing the agronomical production, the State will assure and advance amusing property”.
Also, the angle declares that it charge bent by agency of Law the way in which ample estates will be transferred to the acreage of the State, accessible entities, accommodating companies, communities or amusing organizations able of administrating lands. Thus, it does not contemplate the achievability of appointment ample estates to the clandestine sector.
Ultimately, it is advised that there will be confiscation of those backdrop in which owners assassinate irreparable acts of ecology abolition aural their boundaries.
Article 318: Of the Central Bank of Venezuela
Although the accepted Constitution accurately declares in commodity 318 that the Central Bank of Venezuela is an academy with complete autonomy, the angle proclaims that the Admiral of the Republic will additionally be advantaged to abode issues apropos budgetary competence. Therefore, the Central Bank of Venezuela would be beggared of the freedom to codify and apparatus behavior aural its apple of adequacy as the Civic Power assets ascendancy of the budgetary system.
Additionally, the angle includes that all-embracing affluence will be managed by the Central Bank of Venezuela but beneath the administering and administration of the Admiral of the Republic.
Furthermore, the ameliorate sustains that “the budgetary civic arrangement charge tend to the accomplishment of the capital purposes of the left-wing State and the abundance of the bodies over any alternative consideration”.
Article 337: Of the “State of Exceptions”
The angle eliminates the appropriate to Judicial Aegis and advice during a "state of exception"..
Article 338: Of the “State of Exceptions”
In its aboriginal form, Commodity 338 states that a "state of exception" could be declared for 30 canicule and continued for a added 30. In the proposal, this “state of exception” could be continued as continued as the admiral decided.
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