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”).

On 1 December 2022, both the National Budget Law No. 27,701 and the enactment Decree 799/2022 were published in the Official Gazette. The Law introduces important changes regarding the maximum applicable sanctions applicable in consumer defense matters, as well as regarding punitive damages.

The Secretary of Commerce sanctioned a series of nightclubs in the city of Bariloche for cartel practices. For the first time in Argentina, the sanction included an order to divest part of the assets of one of the companies involved in the cartel.

Welcome to our Virtual Year-End Review of Import/Export and Trade Compliance Developments Conference resource center. Baker McKenzie’s international trade compliance lawyers from around the world discussed the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements in nine 75 minute sessions which took place from 15 to 17 November 2022.

By means of Joint General Resolution 5271/2022 of the Argentine Tax Authority and the Trade Secretariat published on 11 October 2022: (i) the Import System of the Argentine Republic and the Import System of the Argentine Republic and Payment of Services Abroad systems were implemented; (ii) the Import Information and Monitoring System and the Integral System for Monitoring Foreign Payments of Services were terminated; and (iii) the Single Current Account for Foreign Trade was created.

Argentina has passed Resolutions AFIP 16/2022 and 19/2022 to create a “Vaca Muerta” customs corridor. The purpose of these resolutions is to accelerate the customs clearance process for imports of goods to be used in the construction of the “Gasoducto Presidente Néstor Kirchner” gas pipeline as well as in the development and exploitation of the Vaca Muerta oilfield. Once the resolutions are implemented, they will substantially reduce the amount of time it takes to import covered goods.

The National Agency of Medicines, Food and Medical Technology (ANMAT) issued Disposition No. 6924/2022on 30 August 2022. The same provides some clarifications regarding the advertising, promotion and/or sponsorship of packaged food and nonalcoholic beverages containing at least one warning seal, including precautionary legends. The Disposition will take effect on the same day of its publication in the Official Gazette.

By means of Communication “A” 7532, the Central Bank of Argentina established new restrictions regarding access to the foreign exchange market for the payment of imports of goods and the payment of imports of services to unrelated counterparties, among others.

By means of Resolution 464/2022 published on the Official Gazette on 27 May 2022, the domestic trade secretariat approved the form that suppliers must submit to alert consumers and competent authorities and recall products from the market. It also establishes certain obligations that suppliers that have initiated this type of process must comply with.

The criteria used by the Tax Authority (AFIP) to calculate financial economic capacity (CEF) is inconsistent with the amount of documentation and information taxpayers are required to provide. This suggests an arbitrary decrease in the criteria used. This situation has turned the CEF system into an import restriction, which is clearly discriminatory and prohibited in the light of international commitments.