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Without withholding political discussion


By Raul Quiroga

hundred days were the reason for no reason.

An eternity of disagreements in the best economic scenario.
A scenario that, paradoxically, offers excellent conditions for the meeting.
A meeting that allows us to find the formula for takeoff.

This requires to recover the value of the word.

For if at the time a commitment was made to recover the quality of institutions of the Republic can not now circumvent the framework that imposes the Constitution.

And if you have even invoked federalism can not longer afford to centralize, at the hands of the Executive Branch, and the concentration at the hands of pools and corporations, the wealth of the Argentine people.

The Legislature must take charge of their powers

Whatever the outcome that provides the current debate on the draft sliding tax official, national legislators have an obligation to repeal section 755 of the Customs Code, enacted in 1981 during the military dictatorship, which delegates to the Executive Branch the authority to define the concrete implementation export rights, property taxed and the applicable rate.

For this delegation of the powers of Congress is unconstitutional. Article 75

inc. 1 of the Constitution establishes as the first power of Congress to "legislate on customs. Establish rights of import and export, which, as well as appraisers on which shall be uniform throughout the Nation. "

Emphasizing this provision, article 76 of the Constitution also states clearly that "the legislative delegation is prohibited in the executive branch, save for issues management or public emergency, with a deadline for their exercise and the bases of the delegation established by Congress. "

is clear that at the time of issuance of the Resolution 125, which established the sliding tax system, the country was not in any emergency, sticking strictly to the words of the President.

"confiscatory federal or central government?

According to the Minister of the Supreme Court's Office, Carmen Argibay, there are court records indicate that when a tax exceeds 33 percent is confiscatory. Likewise asserts its par, Eugenio Zaffaroni, who also announced that the 44 percent tax rate applied by the Executive in exports could be challenged in court for injuring the right of ownership.

to this that the deductions should be added to them, when applied on the gross receipts (sales value), do not take into account the financial situation of the producers or the utility of the farms. Thus, it ignores the principle recognized by the Supreme Court's Office in that taxes should observe the manifestation of wealth that absorb

suffice, therefore, to apply the law and the Constitution to begin reverse the current economic centralism. But is the logic of discipline which seems to decide what is right and what is wrong, where the law applies and where not, what to do and what not.

're no longer my Margarita

never cease to amaze me the important and dramatic changes in ideas that affect the leaders when they reach a dose of power. Far

was 2002 when the now former president Nestor Kirchner across the country explained that the deductions were confiscatory wealth of the provinces and did nothing to finance policies, and politicians from Buenos Aires.

also explained that those deductions, if implemented, could result in improved productivity and, therefore, could have more resources-producing provinces. (In a video circulating on Internet speech in Santa Fe, specifically).

But of course, were different political scenarios that justify staging. It is as if the change of habitat of Santa Cruz to Buenos Aires had been mutated to rebel then provincial governor, adopting without modification the brutal centralization practiced by Menem and Cavallo, who, in the style of colonial rule, managed discretionary income of Argentines from the port.

same time centralization of Rivadavia and Rosas, which was reinforced like never before with the Menem administration, through the practice of the "superpowers" and the decrees of necessity and urgency.

federalism in the center of the scene

In this sense, we must remember that in 2002 the Nation and the provinces agreed that the amount of national resources to be redistributed would be less than 34 percent of the total resources. Today, however, are 24 percent, with a tendency to fall further. (In fact, the increase in taxes-which are not co-participation-achicaría Gains collection, which is a partner).

The underlying theme of the discussion should not be limited, then, soybean or retentions. For what is at stake is the concentration of economic power and national resources.

is why legislators have an excellent opportunity to demonstrate that building a country that Federal was not just rhetoric. This is a historic opportunity to correct distortions in the simple advice of feeling patriotic, to recover the basis of popular sovereignty and parcel of a nation that boasts of such with their independent powers intact.

A nation proud of the federal dynasty, left by José Gervasio Artigas at the dawn of our independence.

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By Alberto Alberti

From Mario Cafiero letter addressed to the President (previously posted on this blog) and items related to the conflict signed by us for the retention and published by the MRP 4, try - through a series of letters-development, point by point, the overall interpretation of all data that is contained in what we consider "the National Government Hoax / Cereal."

We call such a process in this way because, as we shall see, the set of sectoral measures taken since 2007 until now, has meant a transfer of multi currency agricultural producers and the state to the big grain exporters operating in the Argentine economic field.

In this context, it is worth further confirmed that the latest data indicate that the settlement export taxes at all will not allow the creation of the Social Redistribution, since it affects the rate of exports will not exceed 22% at least with respect to the current year.

But we split.

The grocer's book

FOB: Abbreviation used in trade to indicate the English phrase free on board (FOB) for universal use and that means that the goods are placed on board by the shipper, free of expense being borne by the recipient freight, customs, etc.
(Economic Dictionary - Manuel Serra Moret)

In a note published in this blog on 8 May, we noted the discretionary use of Article 737 of the Customs Code, by exporting oligopolies.

We said there that, to render to the State, exporters interpret the FOB value per ton of soybeans and contains the amount of tax withheld. However, the same exporting producer will buy at a discount to this value.

Suppose, for example, ton of soybeans is worth $ 500 (FOB). The exporter buys that value to the producer and deducts 35% (say this is the effective rate) estimated to be paid at the office, by way of retaining their exports:

500 to 35%

ie

500 to 175 = $ 325 per tonne

The exporter is enabled by the Customs Code to account to Customs on the basis that the deductions are contained within the $ 500 per tonne.

Thus, to deduce what must pay the State makes the following account:

500 / 1.35

ie remove the 35% to 500 and to deduce the tax base:

500 / 1.35 = 370.37

and know what you must pay:

370, 37 x 35% = 129.63 dollars (370.37 + 129.63 = $ 500)

In short, the exporter producer deducts the applicable law and settlement Export Customs Export Law (DE) frozen by the DJVE. Then, sell and liquidate the deductions get $ 370.37, leaving a difference of $ 45.37. Ie 9.46%.

If retentions of 35% with a value of 500 dollars per ton of soybeans, the exporter would get a net gain of 9.1% or otherwise paid the withholding of 25.9% as deductions go up, get higher profits.

For example, with deductions of 44%, 13.45% win, ie 30.55% withholding pay

The move means a formidable tax evasion by the exporters. In research conducted by Mario Cafiero and Llorens Javier states that "since 1 January 2007 to date, 35,096 permits Shipping've found that the taxable base on which to calculate the export duty is lower FOB Value. It (...) Permits 6,434 found where the taxable value is FAS (Free Alongside Ship) FOB value not. This difference between the FOB and diminished tax base estimate a loss of additional income from U $ S 283,117,926 for the period from January 1 to November 11, 2007 ".

Oath suspect

The Argentine Customs Code was introduced by Law No. 22,415 of March 2, 1981 in exercise of the powers conferred by Article 5 of the Statute for the Process of National Reorganization. Its main items have not been modified since then. (www.infoleg.gov.ar).
During
2007, the rate of retention was 27.5%. On November 9 published the resolution 369/07 of the Executive Power, which provides that the deductions will amount to 35%.

Cafiero and Llorens, at the point on the Affidavits of Foreign Sales (DJVE), issued by the exporters, "is that they have declared an accumulated from September 3 to November 6, 2007 of 23,008,319 tonnes.

In other words: half of an annual harvest of soybean in Argentina. A figure, at least, suspect.

How could this be done?

Thanks to the sworn statements of foreign sales allowed by the Customs Code, the multinational grain have the privilege of presenting "before boarding the tons of grain for export-affidavits freezing the rate of retention and FOB value declared.

Also, DJVE are the only data that manages the Argentine State to what is exported through their Customs.

Chronology of a scam

Through this system, exporters, in the weeks before the November 9, 2007, were able to declare extraordinary figures soy purchased for export.

other words, from September 3 to November 6, 2007 exporters declare a stock of grain (23,008,319 tonnes of soybeans) have not yet purchased. Suggesting

during the 7th, 8th and 9th of November, the exporting state does not purchase any grain.

On November 9, 369/07 resolution is dictated by which the deductions are increased (the rate of beans increased from 27.5% to 35%, while soybean oil rose 24.0% to 32 , 0%). Clear that such an increase, as expected, could not be applied retroactively.

Whereupon can think of two possibilities: either the corporations own or manage an enviable intuition official information in advance.

Between November 2007 and March 2008, the export grain to complete the purchase said stock and producers are charging the new effective rate of 35%, although approved by the DJVE obligations were deducted from the previous 27.5% .

On January 16, 2008 commencing upon the Law 26,351, which implements self-retention-now retroactive to those operators who can not show sales shod with grain purchases and products. (Of course, the regulatory decree 764/08 of the Act is determined that the retroactivity will apply only after the November 9).

But something happened that put a touch of drama to the neat script of the business. The sharp price rise in international grain market puts exporters on the obligation to go out and buy for prices much higher than reported.

125/08 Timely resolution announced by the then finance minister, Martin Lousteau, last March 11 will allow them, through the sliding tax system, keep a lid on domestic prices, recovering the amounts on which DJVE were approved and avoiding what would have been a notable decline in expected profits by corporations.

As the own Mario Cafiero, with aliquots frozen over the sliding tax, oligopolies get $ 100 per ton of grain, cuando lo usual es dos dólares por tonelada.

Repasando:

• Las dos resoluciones dictadas por el Poder Ejecutivo (369/07 y 125/08) eran conocidas por las exportadoras tiempo antes de su emisión; lo cual permite suponer la filtración de información entre el Poder Ejecutivo y las empresas agroexportadoras.

• En caso de levantarse la protesta de las entidades rurales, los oligopolios exportadores van a poder comprar granos deduciendo retenciones de acuerdo a la resolución 125/08. Pero van a poder exportar tributando al Estado un gravamen aproximado de sólo el 22%. A esto se suma la ganancia por la tergiversación del Código Aduanero anteriormente mencionada.

• The National State as soon not collect more than 35% withholding tax - now 46.3% correspond, as the present value of soy-and therefore may not involve cash difference between the resolution 369 and 125 for Social Redistribution Fund (Decree 904/08), because that money, for the moment, there.

Confirming this suspicion, the investigation Cafiero / Llorens is stated that "the 1479 shipping permits approved for the soybean complex since March 13, 2008 to date amounted to U $ S FOB value 2.511.182.751, having settled for them U $ S 573,785,762 Export Rights, which equals only 22% of the FOB value.

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The Hoax Letter to the President Mario Cafiero


Buenos Aires, May 22, 2008
President's Office Ms Dr. Cristina Fernández



Present Issues:

• Warn of the existence of a serious error in the recent enactment of Decree 764/08.
• Exposing an alternative solution to the conflict affecting the country field

of my highest consideration:

As an Argentine citizen me respectfully feel compelled to write these lines on the occasion of the recent regulatory order was issued to the law 764/08 26,351.

In the preamble and operative part thereof has committed a grave error, which is incurable vice, which would force me to challenge it in court under the criminal complaint (Case 4713/08) that the marketing around grains, we have made together with Dr. Ricardo Monner Sans and Javier Llorens.

As stated in the preamble of the decree "by Law No. 26,351 was intended to avoid an imminent policy change to increase export duties, register operations, by affidavits Foreign Sales dummy-with so taxed with lower tax rate. "

This was precisely the intention of the legislature after sanctioned the Nov. 9 resolution 369/07 of the Ministry of Economy, which provided an increase in the retention of soybeans.

However in the 2nd article of the decree provides that the 26,351 law retroactivity will apply only after the Nov. 9, bypassed in this way-neither more nor less, than the period that gave rise to speculation, and the issuance of the law correctly.

By ignoring the period prior to the issuance of the Resolution 369/07, the maneuver remains intact perpetrated by exporters prior to their dictation. Maneuver that led to Mr. deputies to drive the original text of Law 26,351, whose contents were then misrepresented in the Upper House, with the illegal intervention of Senator Urquía, as we have reported to the Justice

Decree 764/2008 therefore contain a serious misrepresentation, since in its preamble says that the reason the law was resolution 369/07 26 351 last November, however extending the retroactive application of the law only until the date of this resolution, despite the clear intent of lawmakers was to have retroactive law prior to the resolution.

The enormous importance of this misguided provision can be seen in the table below.

(Blog Note: See Table 1 published on the title above.)

It notes that, according to information provided by CIARA (Oil Industry Chamber RA) - in the ten weeks prior to the issuance of that decision, on an incessant crescendo shamelessly recorded Declarations Foreign Sales (DJVE) refer to "soy complex, an amount equal to half the annual crop of soybeans. Interestingly

on working days 7, 8 and 9 November prior to the enactment of said resolution 369, not recorded in the case of soybeans, not a single DVJE. Having declared in the previous two days 1,739,841 tonnes the equivalent of 50,000 truckloads of soybeans.

This shows on the one hand, the existence of a clear leakage of information from government areas and on the other side of the complex and exporter of soybeans was more than satisfied with the assumed export position.

With all due respect to his inauguration, I must say that in my opinion, the framers of the decree relating to the export of grains or 26,351 have misunderstood the law, or it may be that the export interests represented by Senator Urquía, have spread its influence beyond the Senate.

also must tell, I fear that other serious errors of understanding have resulted in deep conflict with his government maintains the field. Therefore, with this call to the correction of the Decree 764 in question, I also send you some thoughts, I understand clarifying some technical points that may help us to rethink a proposed solution to this serious conflict that afflicts the country today. Motiva

this attitude, the fact that usually disqualifies the political opposition, saying that only makes allegations destructive, not constructive proposals, such as the following step to develop in complete good faith, in order to find solutions that result in welfare of all Argentines.

All Argentines know that the knot of conflict was the passing of Resolution 125/08 of creation of the sliding tax. But few Argentines know that if applied correctly to the Customs Code, the conflict could get back on track without making any substantive changes in content. And no need to make agreements with other actors hidden that have impacted heavily on the conflict, as are the mass media, with its hidden costs.

Art. Customs Code 737 (CA) provides that the deductions should be calculated on the FOB value, but an amount corresponding withholding themselves (known as FAS price). However, in most of the discussions, both public and private- on the amount to be collected by withholding erroneously calculating directly over the FOB.

The difference is not minor. At current levels of retention of approximately 40% with soybean harvest 50 million tons, valued abroad at 25,000 million dollars (M u $ s) according to the Customs Code should raise 7,142 M or $ s get to the producer a remnant of 17,858 M u $ s. On the contrary, if calculated directly on the FOB price recovery by withholding amount to 10,000 M USD and the remainder to the producer would be 15,000 M u $ s.

The difference M u $ s 2,858, a figure that by itself will resolve the issue del quantum, que esta planteada en torno al impacto de las retenciones sobre la renta agraria. Sin embargo esta diferencia no ingresará al fisco, sino por contrario, lo más probable que vaya a engrosar el bolsillo de los exportadores de granos, que ciñéndose al Código Aduanero, liquidan la retención conforme las previsiones de este.

A esto debe sumarse la diferencia que hacen los exportadores de granos con el mecanismo de las Declaraciones Juradas de Venta al Exterior, que el proyecto original de la ley 26.351 trató vanamente de coartar. Solo en el caso del complejo soja, sobre los 23 millones de toneladas registradas ficticiamente antes de la resolución 369/07, esto significaría otros 2.120 M u$s.

So it would be at stake amounting to between 5,000 and 6,000 m u $ s, which properly addressed under the law, would attend more than to resolve the conflict between all sectors involved in it honestly. In this regard, the State seems to have only emphasized the aspect that domestic prices are to be retained, entirely unconcerned aspects of their collection. This has led to a kind of "privatization" of this tribute, in which agents must oblarlo seem to have made a killing.
Another conflict is the one related to opposition from the country to accept a kind of export price ceiling, which application resolution 125/08.

Assume that the state can apply retention percentages close to 100% of the FOB value, or involving the state almost entirely capture the income of producers is an aberration arising from the above mentioned error. By applying the mathematical formula for calculating Resolution 125/08 and-repeat wrongly withholding tax on the FOB value, is set confiscatory mechanism where the state appropriates almost entirely of all the income, when grain prices rise above the 600 U $ S / ton.

However, if applied the same mathematical formula on the FAS value, as indicated by the Customs Code, retention never exceed 50% of the FOB price and no aberration as possible.

Finally, as we all know, the farm crisis has also expressed a claim within the country. We know the justice of the claim to improve the struggling tax-sharing revenues with the provinces and municipalities.
In that sense, correctly calculating deductions received by the central government may leave to raise a restructuring of provincial finances. With a current 40% withholding on FAS, the net retention would be 28.5% on FOB. The producers claim is below 35% FOB. This would give scope for progressive provincial gross income up 35% (or more according to the producer) as a kind of provincial royalty (6.5% of FOB is 9% of FAS) or a progressive land tax.

export taxes are not new in the economic history of our country, but are relatively recent and were replanted in 2001. Substantial technical aspects of its implementation are not usually part of the discussion raised. But for sure, nobody really knows where they go, because much of these deductions appear to have been "privatized" in favor of marketing sectors, and especially the export of grains in the hands of multinationals. These

sectors are those who have given and it seems that will continue to-increase-the big bite of the apple of discord in which deductions have been made through the game of the settlements in duplicate at the Customs, confusing price with FAS FOB price, and Affidavits of sales abroad, made even before planting the beans.

However, both the government and the leadership of the field act as if there were not that big bite, as if they were silent accomplices of that sector of the marketing and export of grains in the hands of multinationals.
however, preclude such a large bite from the multinationals, may be the pledge of seal peace understanding between the government and country, between the Interior and the Port, and restore harmony in the Republic and the proceedings of this. Without having to resort to this to anyone's media services, and subsequent costly bill passes. That will ultimately redound against the very essence of the democratic system, such as freedom of expression.

For this reason I encourage you to send you this letter to focus the question fully and honestly in the interests of the genuine interests of the country, beyond the powerful and quiet lobby exerted by grain dealers in our home and world. Eng

Former Congressman Mario Cafiero
National

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GRANDFATHER'S LOVE (Poem for my granddaughter) 5 SENSES


My fruits

of inspiring

dazzle,

dazzling

a miracle

I think someday

be repeated.


The beauty

their eyes
full freedom

light
exact

on the sheet

of the estate. She is my granddaughter

and I

all his grandfather,

both, one love.

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Dear me:

The 5 senses

feel

that there is no chance

to continue living,

if you do not give

love

that you resigned.

.

Each door

it,

were closed

your ego and feel.

.

When he decided

away his love.

. Your key

longer serves

to open your heart.

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The statue lost

same sculptor who has just inaugurated the statue acuestre Dona Maria de las Mercedes de Borbon y Orleans, mother of King-dressed Amazon and mounted on horseback, made of Luis Cernuda.

charge is the commissioner of Seville for Expo 1992, the Duke of Alba. Installation Site: Molviedro Square, Sevilla. And for clarification, so named for the architect Manuel Prudencio Molviedro conducted in the eighteenth century Compass remodeling of Laguna, the former brothel.
A cops are coming and going a lot of times Square and not see the sculpture.

I take the book by José María de Mena Sevilla "Statues and gardens" in case I clarify something .... and there is a photo of that work apparently funded by the Fundación García Cernuda and Monte Caja de Huelva Sevilla (Cajasol today) we are told that the site is the plaza on a balcony overlooking Molviedro: S
I'm running to the square if they just put more laps and after giving a donkey wheel, or sculpture appears Cernuda, nor the Duke of Alba and the balcony, there does not appear anyone.
For those of you in one of the balconies of the square is supposed to be the statue overlooking and that almost all the buildings belong to the foundation Monte, ask at the Foundation and tell me that there is not, nor has there been a statue, they know they exist, and that is involving the whole body and be in the studio of the sculptor-author, Miguel Garcia Delgado. Past
year long Cernuda, all that Sevilla will have dedicated to the sculptor is a sad tile in your house where - better than nothing, "and a square - as I found out the other day-(Inma thanks!) Fortunately, the great Magnolia still standing! I'm not sure how long, that depends on the whims of our current mayor arboricide: S.

But why not place a monument as God commands Cernuda as is apparently done, and the way the memorial to the Duke of Alba, in the Plaza de Molviedro whose only existing monument is a solitary column without the termination of the cross?

But now that I think about it "in our very indolent, very listless and very Pharisee Seville really matters to someone who Cernuda or the Duke of Alba has a monument in Piazza Molviedro or forgotten anywhere else of our city? .-

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LOVE OF THE MOON AND THE SUN (Poem for my granddaughter)

APRIL BREEZE SAGARDI

.

This way I sing
deforms the tonsils, but it's wonderful

try to reach your ear.

.

I remember you from your birth,
smile that burns in me my love

perish and my arms to hold you.

.

I separate it from what I was,

to transform into something new.
manage to tear my body

steel and dove become fragile.

.

I am happy to be your grandfather.

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social exclusion, xenophobia and racism invented


By Sergio Crescini

The history of mankind has been marked by racial riots. From the time of Sumer and ancient Egypt until today, both religious and ethnic issues have been reason to see in others the "other", which deserves to be other than death.

The essential reason to hate the different sits on the foundation of everything that threatens the very stability, both economically and culturally. It is the fear of losing me as being, to lose myself in the "other."

El odio y la violencia se convierten así en herramientas de autoafirmación. Herramientas que, sin duda, construyen ese mirar desde lo diferente que argumenta el odio y justifica el homicidio brutal.

La lógica de la eficiencia —esa remanida palabreja, acuñada en los noventa para definir neologisticamente la sobreadaptación a los requerimientos del gran capital— determinó que sociedades enteras fuesen desechadas como “inviables” y sus habitantes condenados a la emigración, la pérdida de su identidad cultural o la muerte.

Hoy esa exclusión está reglamentada por las corporaciones financieras que determinan, según sus parámetros, quienes tendrán access to development-limited and regulated, of course, and who are doomed to neglect .-

On 19 May, the major news agencies reported: "At least 22 people died in recent days in and around Johannesburg, because of attacks on immigrants from neighboring countries, police said. "

This scenario, Johannesburg, is repeated in every place where the determination of capital decide on the dyad center - periphery, or viability - not viable. The failure of entire regions to decide on their own development triggers exile horizons in search of survival. But are not destiny exodus the Promised Land, but the fight for job opportunities and survival, the "local" invariably respond with fierce speech xenophobic hatred. This is what is happening in the "black continent." We also



Without the virulence and the deployment of the crimes that plague Africa these days, racism in Latin America is also a current period. One of these scenarios is presented by Bolivia, where Evo Morales, the first Aboriginal president in the history of South-suffering daily the quarrel between the sectors that have favored the old system of social merits.

Leaders Indian Confederation of Indigenous Peoples of Santa Cruz (CPESC), released days before the protest by vandalism featuring civic leaders of Santa Cruz province against those organizations on the occasion of the regional council.

In our country, the phenomenon has been expressed, in different historical moments, against their own native country and as individuals as legitimate forms of political and military. Buenos Aires contempt felt by both the "gauchos" of the federal montoneras, for the "Chinese" of Roquismo, the "mob" of Yrigoyenism or "Black heads" of Peronism.

were appealed to, in successive stages, the privileged used against those who were, somehow, in the periphery. They also expressed violent forms of exclusion.

have not changed things too much. These days we frequently hear derogatory language towards men and women of the Patria Grande coming to our area in search of better opportunities. They are the "umbrella" or "ball" forms of xenophobic and racist exclusion innervated popular language demonstrate, clearly, that the battle for American national identity should be in the plane culture. Because

material constraints to generate a joint project by the regional states, the crisis has been the nation's cultural construction. Such incompleteness historic Latin American country is expressed by differences in daily life, expressed through the language of violence.

We refer to the speech from which assimilates the concept of security as a "police state" repressive, thus opening new forms of xenophobia. Meanwhile, the divisions are exacerbated into the social, medieval-growing country clubs where the winners imprison-system and consolidated the outlying suburbs.