The Ministry of the Presidency approved, in strict compliance with the Transparency Law of 2002, Resolution No. 71 of August 4, 2021, by which it is declared as restricted access information, that corresponding to the minutes, notes, files and other records or records of the discussions or activities of the Cabinet Council, the president or vice president of the Republic.
The Resolution is based, specifically, on Article 14 of the current Transparency Law, Law 6 of 2002, which exhaustively establishes a list of information considered to be of restricted access, empowering all State institutions and bodies to, through Resolution, so they declare it. This Law also allows the restriction to be lifted when the reasons that justified its restricted access no longer exist.
The Transparency Law defines as restricted access information in the hands of State agents, the disclosure of which has been limited only to officials who must know it because of their attributions, for example:
National security aspects.
Contracting of local and / or international loans in order to finance budgetary needs or debt refinancing, since the final terms and conditions are determined by market conditions in the final stage of the process and this could reduce competitiveness for its management.
Commodities, interest rate and currency (FX) hedging operations, whose final terms and conditions are also determined by market conditions.
Diplomatic aspects, among others.
This is how it is the responsibility of the Minister of the Presidency, by express provision of the transparency law, and in the capacity of secretary of the Cabinet Council, to declare through Resolution the restricted nature of the information, as has been done on previous occasions, through Resolution 74 of 2004.
It is important to note that the standard exempts from these restrictions those information corresponding to discussions or activities related to the approval of contracts, which are not contemplated within the declaration of restricted access.
8/25/2021 9:29:02 PM