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Esteban Pablo Rópolo

Esteban Rópolo is a member of the Buenos Aires Bar Association. He was a professor in leading universities in Argentina — including University of Buenos Aires, Argentina Catholic University and Universidad del CEMA — where he taught political economy, foreign trade legal regime and private law. Mr. Rópolo has written a book on competition law and also contributed articles related to his areas of practice.

By means of Resolution No. 12/2024, published in the Official Gazette on 24 April 2024 (“Resolution”), the Secretariat of Industry and Commerce amended the regime of advertising of goods and services involving an offer to an undetermined audience; it also repealed Resolution No. 915/2017. The Resolution’s main purpose is to modify the regulations governing advertisements so that they are clearer, more understandable, and useful for consumers. The aim is to simplify the current regime and prevent consumers from being “over-informed,” which could make it difficult for them to make appropriate purchasing decisions.

On 29 January 2024, through Resolution No. 51/2024 (Resolution), the Secretariat of Commerce repealed a series of provisions and resolutions, with the purpose of reducing bureaucracy and simplifying the processes of the entire production and consumption chain. Within the framework of the Decree of Necessity and Urgency No. 70/2023 and the bill of “Bases and Starting Points for the freedom of Argentines”, which were recently promoted by the Executive Branch of the Nation, the Secretariat by means of the Resolution repealed more than 50 provisions and resolutions issued under its competence. This is in order to reduce bureaucracy and simplify the production processes in relation to consumer and to promote the elimination of certain obstacles and barriers within the trade industry.

By means of Resolution 48/2024, the Secretariat of Commerce increased the value of the mobile unit to AR 506.19. This increase has an impact on the thresholds for notification of economic concentrations provided by the Antitrust Law 27,442. As of 25 January 2024, only economic concentration transactions in which the combined turnover of the acquiring group and the acquired company exceeds ARS 50,619,000,000,000 will be subject to notification to the Antitrust Commission (to the extent that some of the exceptions provided by the Antitrust Law do not apply).

By Decree 433/2023 and General Resolution No. 5414/2023 of the Federal Tax Administration, new benefits were established until 31 October 2023 for companies that enter into price agreements — or adjust the existing ones — with the Secretary of Commerce.

On 24 July 2023, Decree No. 377/2023 was published in the Official Gazette. By means of the Decree, tax shall apply (i) at the rate of 25% on the acquisition of foreign currency for payments to be made for any type of service provided from abroad, with certain exceptions; (ii) at the rate of 7.5% on the acquisition of foreign currency for payments to be made for freight services and other transport services for import or export operations of goods; and (iii) at the rate of 7.5% on the acquisition of foreign currency for payments to be made for the import of goods (with certain exceptions).

The Argentina Customs Director announced in a November press conference that Customs will continue focusing on customs valuations and transfer pricing issues. The asphyxiating foreign exchange regulations currently in place in Argentina are seen by Customs as an incentive for importers to artificially increase the import value of goods (since this will result in the transferring abroad of more foreign currency; a practice known as “over-invoicing”) as well as for exporters to artificially reduce the export value of goods (since this will result in some foreign exchange remaining abroad instead of being mandatorily converted into Pesos at an artificially low foreign exchange rate; known as “under-invoicing”).