Diseño de una propuesta de transferencia de los recursos del sistema general de participaciones a las entidades territoriales en Colombia a través de los institutos de fomento y desarrollo regionales a partir del año 2006

Abstract

This investigative work includes proposal that allows to transfer the Resources of the General System of Participation to the Territorial Beings in Colombia through the Institutes of regional Promotion and Development of the Country - INFIS -, in the same conditions of the Financial Institutions that currently develop the intermediation of these resources, and responds to the long-time-ago-feeling that the INFIS, that have negotiated, before branches of the National Government, the possibility of transferring the resources of the General System of Participation SGP through accounts that these Institutes manage in the financial system on the name of the territorial organizations. According to the present legislation, the territorial computers of the cost can have the resources of the General System of Participation, to execute them according to the established thing by Law 715 of 2001, after the Nation has only carried out the corresponding turn to banking accounts properly registered in the National Treasure, of which the Districts, Municipalities and Departments must be titular. The INFIS, have originated most of the development in the regions throughout the country. One way to collaborate in the development is that the INFIS get to transfers of the Resources of the General System of Participation, negotiation that has been taking place for a long time now, but which has not been possible to successfully conclude, because the regulation on the management of current and saving accounts provided by the institutions watched over the Supervisory Financial Authority, does not allow this class of institutions (INFIS) to process the entailment to the System of Transferences CENIT from the Bank of the Republic, means necessary to make the transferences from the General System of Participation resources; however, INFIS such as IDEA, own current and saving accounts, with Commercial Banks that are actually linked to the System of Transferences CENIT, and through them, it could be possible to perform the transferences to the accounts of the INFIS and then distributed in the accounts that municipalities and the Department of Antioquia at IDEA with the denominations related to the management of the resources of the General System of Participation. The mentioned above can easily be accomplished and guaranteed with the Integrated System of Financial Information (SIIF) whereupon counts institutes like IDEA and that is also used by the commercial banks, which allows an agile and efficient management in the operations and financial services on behalf of the territorial organizations. Trough this project it is approached the argumentations of the Direction of the National Treasure, on not allowing the requests of the INFIS; but the reasons exposed by that government branch are not absolute, and that is why we decided to develop this research, based on legal, social and economic foundations related to the matters, to finally make a proposal, that becomes an income to the INFIS in the search of adjustments to the norms and requirements that today prevent the transferences to take place under their intermediation. So, in the present investigative work, we enunciate the different characteristics are that distinguish the Institutes of Promotion and Development and their position in the national market; in order to make this characterization the legal nature, the mission, the vision and social object, were taken into account, as well as their portfolio of services and financial statements, that allow determine their position and physical reach throughout the regions of the country, even several of these with international projection. Finally, the argumentations exposed in this research, allow the design of a proposal, through a law project so that the National Government transfers the resources of the General System of Participation of the territorial organizations through the INFIS.