PRESIDENTIAL DECREE No. 01-2021 REFORM DECREE TO DECREE No. 42-98, REGULATION OF LAW No. 272, LAW OF THE ELECTRICAL INDUSTRY. Dated January 7, 2021. Through this Decree the article 47 of Decree no. 42-98, Regulation of Law no. 272, Law of the Electricity Industry, specifically in numeral 2 is amended, stating that the major consumers may choose: To buy at the wholesale level as a market agent, in which case they must cover at least a percentage of their expected power and energy demand with contracts with Generators and / or import contracts, and / or through contracts with Distributors, which must be authorized by the INE, provided it is beneficial for the Final Consumers’ Tariffs, being able to choose to buy their remaining demand in the Power Market. The added thing being underlined. Gazette No. 06, Page 194, of 01/11/2021.
LAW No. 1057 LAW OF REFORM TO ARTICLE 37 OF THE POLITICAL CONSTITUTION OF THE REPUBLIC OF NICARAGUA. Dated January 18, 2021. Through this Law Article 37 of the Political Constitution of Nicaragua is reformed, this reform consists of punishing with a rigorous penalty the cruel, degrading inhuman and hate crimes in relation with the proportionality of the crimes committed; and strengthen the character of prevention against the risk of exhaustive punishment to those who attempt against: life, sexual freedom and indemnity and the safety of people, especially when the victim belongs to groups that are in vulnerable conditions, such as children, adolescents, women, people with disabilities and the elderly. Nicaragua has the maximum penalty of thirty years in prison, but the reform established for these crimes an exceptional way, the penalty of life imprisonment, which will be reviewed in the terms established in the reform of the applicable law. Gazette No. 12, Page 414, of 01/19/2021.
LAW No. 1058 LAW OF REFORM AND ADDITION TO THE CRIMINAL CODE OF THE REPUBLIC OF NICARAGUA AND LAW No. 779, COMPREHENSIVE LAW AGAINST VIOLENCE AGAINST WOMEN AND AMENDMENTS TO LAW No. 641, “CRIMINAL CODE”. Dated January 20, 2021. The purpose of this reform is to regulate the constitutional provision of article 37 that establishes the reviewable life imprisonment. According to article 39 of the Political Constitution, the penalties have a re-educational nature, therefore their purpose is the re-education of the subject and the social reintegration of him. Consequently, in order to be compatible with this constitutional mandate, a reviewable life sentence is proposed within a period of 30 years, and annually after being denied for exceptionally serious crimes, in which the imposition of a penalty is justified. Imprisonment of indeterminate duration, subject to a review regime in which the degree of reeducation of the prisoner can be assessed so that he can opt for conditional release. Gazette No. 16, Pages 514 to 517, of 01/25/2021.
LAW No. 1036 LAW OF THE NICARAGUAN LEGAL DIGEST ON TRANSPORTATION MATTERS. Dated December 18, 2020. The Nicaraguan Legal Digest on Transportation Matters aims to compile, order, purify and consolidate the current legal framework of this matter. It contains the records of the current legal regulations; the reference of International Instruments approved and ratified by Nicaragua; Legal Regulations not in force or Historical Law and Nicaraguan Consolidated Legal Regulations, related to Transportation matters. Gazette No. 17, Pages 534 to 746, dated 01/26/2021.
MINISTRY OF ENERGY AND MINES
MINISTERIAL AGREEMENT No. 001-DGERR-001-2021 REFORM TO THE OPERATING REGULATIONS TAKING OF COMMERCIAL OPERATING RULES. Dated January 8, 2021. Through this ministerial agreement, the reform to the Operation Regulations, Volume of Commercial Operation Standards (TOC), in its article TOC 3.5.6 is approved and it should read as follows: “TOC 3.5.6. Each Large Consumer must cover all of their expected demand with contracts and purchases in the Power Market. In order to comply with this obligation, it must have contracts authorized in the Contract Market that cover 80% of its power and associated energy, buying the remainder in the Power Market. The MEM may, depending on the evolution of the Market and for the benefit of the rate, adjust this percentage.” Gazette No. 10, Page 335, of 01/15/2021.
MINISTRY OF GOVERNMENT
MINISTERIAL AGREEMENT No. 03-2021 REGULATIONS FOR THE REGULATION, SUPERVISION AND SANCTION OF FOREIGN AGENTS. Dated January 27, 2021. The purpose of this Regulation is to establish the necessary requirements and procedures for the registration, regulation, supervision and sanction of Foreign Agents, regulated by Law No. 1040, Foreign Agents Regulation Law, approved on October 15, 2020, published in the Official Gazette No. 192 of October 19, 2020. This Regulation is applicable to natural and legal persons, considered as Obliged Subjects, according to the scope of article 4 of Law No. 1040, as well as capital or financial resources, goods, foreign assets and valuables linked to these. Gazette No. 20, Pages 831 to 841, dated 01/29/2021.
NICARAGUAN INSTITUTE OF TELECOMMUNICATIONS AND POST
ADMINISTRATIVE AGREEMENT No. 001-2021 “REGULATIONS FOR INFORMATION AND DATA PRESERVATION”. Dated January 26, 2021. The purpose of this Regulation is to establish the obligation of Operators authorized by TELCOR to preserve the data and information generated or processed in the framework of the provision of telecommunications services, in order to prevent, investigate, prosecute and sanction the commission of the crimes established in Law No. 1042 “Special Cybercrime Law”. The subjects bound by this Regulation are the Telecommunications Operators authorized by TELCOR, whether natural or legal persons, for the provision of fixed and mobile telephone and internet services, as well as community repeaters and trunk links. Gazette No. 20, Pages 848 to 850, dated 01/29/2021.