Page:British and Foreign State Papers, vol. 144 (1952).djvu/382

 The Nation shall, through the medium of autonomous entities, organise a banking system for the best development of its economy, and shall found a National Bank of Cuba, which shall be a bank of issue and rediscount. On establishing the said bank, the Nation can require that its capital be subscribed. by the banks existing in the national territory. Those which fulfill these requisites shall be represented on the Board of Directors.

281. Congress, by means of a special law, on request of the Cabinet, can declare a state of national emergency and authorise the Cabinet to exercise exceptional faculties in any case when the external safety or the internal order of the Nation are in danger or are attacked, by reason of war, catastrophe, epidemic, serious economic disturbance or other cause of a like nature.

In each case the special law shall determine the concrete matter to which the exceptional faculties are to be applied, as well as the period during which they will govern, which shall never exceed 45 days.

282. During the state of national emergency the Cabinet can exercise the functions that Congress expressly delegates to it. In a like manner it can vary criminal procedure. In every case, the legislative provisions adopted by the Cabinet must be ratified by Congress, in order to continue to be effective after the state of national emergency ends. Judicial acts that modify the normal regimen can be reheard at the instance of an interested party, when the state of emergency is over. In this event the case shall be reopened if a condemnatory sentence has been rendered, and said sentence shall be considered merely as the act of indictment of the accused.

283. The law which declares the state of national emergency shall necessarily contain a call for a special session of Congress on the day on which the emergency period ends. In the meantime a Permanent Commission of Congress must meet to watch over the use of the exceptional faculties granted to the Cabinet. and can call Congress even before expiration of said period, in order to terminate the state of emergency.

The Permanent Commission shall be elected from the membership of Congress and shall be composed of 24 members.