Título X. Disposiciones transitorias y derogatorias

The Minister of Agriculture, Livestock and Food, in the capacity of President of the Board of Directors of INAB, five days after the entry into force of the present law, shall convene the Institutions comprising the Board of Directors of the National Forest Institute, so that they elect their respective representatives. Within the time limit of fifteen days, said representatives, principals and alternates, shall have been appointed or elected, and shall hold their first session twenty-eight days after publication in the official gazette. The Minister of Agriculture, Livestock and Food shall be responsible for the preliminary organization of INAB until the assumption of office by its Manager.

The Board of Directors of INAB shall carry out the first appointment of Manager, within the fifteen days following its first working session, taking into consideration the precepts indicated in Articles 17 and 18 of the present law.

For purposes of the liquidation of the Directorate General of Forests and Wildlife -DIGEBOS-, the Minister of Agriculture, Livestock and Food shall appoint a Liquidating Commission within the five (5) days following approval of the present law and it has a maximum time limit of fifty-five (55) days to fulfill its function. All property of DIGEBOS shall be transferred to INAB. Government Agreement No. 393-88 containing the creation of the Directorate General of Forests and Wildlife -DIGEBOS- is repealed sixty days after the entry into force of the present law, time limit within which INAB must be formally integrated.

A Qualifying Commission is created, which shall be constituted within sixteen days of the establishment of the Board of Directors, composed of five members: two appointed by the Minister of Agriculture, two members elected by the labor sector of DIGEBOS and the General Manager who presides over it, with the sole purpose of selecting the personnel of the General Directorate of Forests and Wildlife, who will form part of INAB, within a time limit of thirty days.

The different forest registers of DIGEBOS shall automatically become part of the National Forest Register of INAB, without any procedure on the part of the owners.

Forest harvesting licenses and other authorizations granted prior to the entry into force of this law shall retain their validity until their expiry, with the exception of those located in core zones of protected areas, which are cancelled. Any application in process prior to the entry into force of this law shall only be required to comply with the supplementary conditions established in this law.

Tax incentive projects for reforestation that have already been approved in accordance with prior laws shall remain in force until their expiry.

During its first five years of operation, INAB shall base its plans, programs and projects on the actions and projects proposed by the Forest Action Plan for Guatemala (PAFG).

In all councils, boards, organizations or institutions in which the General Directorate of Forests and Wildlife (DIGEBOS) participates today, the National Institute of Forests (INAB) shall participate under the same conditions and with equal powers.

The Board of Directors of INAB shall prepare the regulations for the present Law, within the non-extendable term of ninety days from its installation.

The Ministry of Public Finance, within the Ordinary Budget of Income and Expenditures for 1997, shall allocate, on a one-time basis, to the National Forest Institute the amount of thirty million quetzales (Q. 30,000,000.00), which shall be destined for:

a)Ten million quetzales (Q. 10,000,000.00) to the Credit Guarantee Program for forestry activity.

b)Ten million quetzales (Q. 10,000,000.00) for equipment and implementation of INAB.

c)Five million quetzales (Q. 5,000,000.00) for strengthening of the INAB operating Program during the first year.

d)Five million quetzales (Q. 5,000,000.00) to cover the deficit that may arise from the liquidation of DIGEBOS.

The joint commitments and agreements agreed to date by the National Council of Protected Areas (CONAP) and DIGEBOS with Non-Governmental Organizations or with the communities shall have full validity and shall be respected and complied with by the administration of INAB.

Upon the entry into force of this Law, the following are repealed:

a)The Presidential Agreement of January 26, 1938;

b)The Presidential Agreement of June 5, 1944;

c)The Governmental Agreement of August 9, 1946 and the Governmental Agreement of June 4, 1947;

d)The Presidential Agreement of November 18, 1949;

e)The Presidential Agreement of August 22, 1950;

f)The Presidential Agreement of August 29, 1950;

g)The Regulation determining the Forestry Regime for Qualification of Idle Lands, dated November 12, 1956;

h)The Presidential Agreement of September 28, 1957;

i)The Presidential Agreement of March 25, 1958;

j)The Presidential Agreement of August 21, 1964;

k)The Governmental Agreement of March 24, 1972;

l)The Governmental Agreement of June 7, 1973, Regulation for the harvesting of small trees for Christmas purposes;

m)The Governmental Agreement of April 22, 1974;

n)The Governmental Agreement of October 2, 1979, Regulation for the harvesting of Tree Ferns;

ñ)The Presidential Agreement of March 8, 1979, Seed Regulation;

o)The Governmental Agreement of July 24, 1981, Regulation for the resin-tapping of trees of the genus pinus;

p)Decree 70-89 of the Congress of the Republic, Forestry Law;

q)The Regulation for the Fighting and Prevention of Forest Fires in the National Territory;

r)Article 347 of the Criminal Code;

s)Article 347 “D” of Decree 33-96 of the Congress of the Republic; and,

t)All other provisions that oppose or contravene this Law,

This Decree was declared of national urgency with the vote of more than two-thirds of the total number of deputies comprising Congress, approved in a single debate with the same majority, in compliance with Article 134 of the Constitution, and shall enter into force eight days after its publication in the official gazette.