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In brief

On 5 July 2024, the Argentine Central Bank (BCRA) issued Communication “A” 8059 (“Communication“), introducing amendments applicable to the payment of interest on commercial and financial debt between related counterparties, to the extent that certain requirements set forth in the regulation are met.


In depth

The Communication issued by the BCRA waives the BCRA’s prior authorization requirement for access to the foreign exchange market (“FX Market“) for the following:

  1. Making interest payments on commercial debts for the importation of goods and services with related foreign counterparties as long as the interest matures on or after 5 July 2024
  2. Making interest payments on commercial debts and financial indebtedness with related counterparties to the extent that the payment is made through the simultaneous settlement of an amount equal to or greater than the amount of interest for which the access to the FX Market is required from new financial indebtedness with foreign countries or new direct investment contributions from non-residents.

The new funds may be brought into the country and settled (i.e., converted into local currency through the FX Market) by the debtor of the foreign indebtedness whose interest is cancelled by another resident company related to the debtor and its economic group.

The Communication became effective on 5 July 2024.

Click here to read the Spanish version.

Author

Francisco José Fernández Rostello is a partner and member of the Firm’s Banking & Finance Practice Group in Buenos Aires. He has worked for the International Swaps and Derivatives Association and for Société Générale, New York Branch. He is knowledgeable on matters related to issuance of debt, derivatives transactions, local and cross-border financing, and securities transactions.

Author

Gabriel Gomez-Giglio is partner at Baker McKenzie’s Buenos Aires office, chair of the Latin America Banking & Finance Practice of Baker McKenzie and a member of the Global Steering Committee of the Firm’s Financial Institutions Industry Group. He advises clients on a variety of general commercial issues. His practice focuses on the areas of transactional and regulatory matters, including but not limited to multinational financial transactions, commercial agreements and mergers and acquisitions. Gabriel is a member of the Board and Adjunct Professor of Law at Universidad Torcuato Di Tella and a visiting professor with the Centre for Commercial Law Studies, Queen Mary College, University of London.

Author

Juana Allende is an Associate in Baker McKenzie, Buenos Aires office.

Author

Jeronimo Argonz is an Associate in Baker McKenzie, Buenos Aires office.