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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”).

The National Executive issued Decree No. 4,757 on 29 December 2022 which establishes exemptions from payment of VAT and customs duties for imports of various goods in Chapter II of the Decree. The Decree entered into force on 29 December 2022 and will apply the exemption benefits until 30 June 2023.

On 31 December 2022, Supreme Decree No. 022-2022-SA was published in the extraordinary digital edition of the official journal El Peruano. The decree extended the deadline by which adhesives that incorporate advertising warnings on imported food and nonalcoholic beverages, including those marketed by micro and small businesses must stop being used.
The extension has been granted until 30 June 2023.

This January 2023, the Law for Improper Advertising Practices was declared unconstitutional by the Supreme Court of Justice, considering that it violates the human rights of freedom to work, free contracting, freedom to trade and autonomy of will. However, this ruling is one isolated criterion which is not binding and has no general application yet, as it will only protect those who are parties in the “amparo” action that gave origin to the court ruling (since it is not a general declaration of unconstitutionality). Nonetheless, this is an important precedent that should be used by all the courts to grant the “amparos”, and also will help to pursue in the future a general declaration of unconstitutionality.

Pursuant to Resolution MPF-SI No. 8/22, dated 27 December 2022, the district attorney of the Prosecutor’s Office (MPF) of the province of Buenos Aires created the Specialized Prosecutor Unit for the Investigation of Cybercrime (UFECI), which will have jurisdiction throughout the judicial department of San Isidro (composed of the localities of Pilar, San Fernando, San Isidro, Tigre and Vicente López). The UFECI was created to address, in a more efficient and successful way, investigations related to highly complex criminal maneuvers.

By means of Resolution No. 1/2023, published in the Official Gazette on 5 January 2023, the Chief of Cabinet Ministers launched the public consultation on the Second National Cybersecurity Strategy. The goal is for all parties interested in cybersecurity and the protection of the digital space to participate, contribute recommendations and share experiences.
The public consultation process will be available for 30 business days from the day following the date of the Resolution’s publication in the Official Gazette, that is, until 16 February 2023.

Decision No. 908 of the Commission of the Andean Community was published in the Official Journal of the Cartagena Agreement N° 5097 on 29 December 2022. Through Decision 908, the provisions of Decision 706 (Harmonization of legislation on household hygiene products and absorbent personal hygiene products) have been amended, in the sense of facilitating imports of these products from third countries.

The deadline that allows the use of adhesives or stickers to attach octagonal advertising warnings on imported processed foods and non-alcoholic beverages (imported foods) in accordance with the healthy eating framework was on 31 December 2022. In the absence of a new extension allowing the use of stickers to date, a number of questions arise, which are addressed in this alert.

IBAMA Directive No. 16, which became effective on 5 December 2022, introduced a system for Forestry Traceability Source Document (DOF+)as a tool for issuance, management and monitoring of mandatory licenses for the transport and storage of forestry products from native species in Brazil.