Resolution No. 13/2023 of 16 January 2023 of the Energy Secretariat (SE) establishes the General Conditions that hydrocarbon exploration and production companies must comply with to access Argentina’s foreign exchange market to obtain foreign currency related to their Incremental Oil and Natural Gas Production.
On 16 February 2023, Argentina signed the Second Additional Protocol to the Convention on Cybercrime, known as the Budapest Convention, becoming its 35th signatory state. The Second Protocol responds to the challenge of obtaining electronic evidence that may be stored in foreign jurisdictions when carrying out criminal investigations. It also aims to provide tools to enhance cooperation and disclosure of electronic evidence.
By Decree No. 57/2023 issued on 3 February 2023, the National Executive Power cancelled the 5% export refund on exports of lithium, lithium oxide and hydroxide, lithium chloride and lithium carbonate produced in the provinces of Catamarca, Jujuy and Salta.
On 17 January 2023, the governor of the Province of La Rioja enacted Law No. 10,608, declaring the study, research, prospecting, exploration, exploitation and industrialization of lithium and its derivatives to be of public interest. The Law undertook the following measures: (i) suspended existing mining permits and concessions related to this resource for 120 days with a possible extension for the same period, with the plan to determine areas of interest; (ii) established the participation of the provincial company in all lithium-related projects; and (iii) established a preference right for provincial state-owned companies in the application for mining rights.
Every 28 January, Data Protection Day is celebrated to remember the date on which Convention 108 for the Protection of Individuals with Regard to the Automatic Processing of Personal Data was opened for signature. As technology continues to develop and influence the manner in which we make decisions, data protection is confronted with new and dynamic challenges. Data protection is not something companies can easily tick from a to-do list. Instead, the latest tech developments and modern-day regulations require daily and ongoing efforts to proactively demonstrate compliance.
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”).
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.
The Anti-Corruption Office has enabled the registration and use of the Registry of Integrity and Transparency of Companies and Entities (RITE), after announcing its establishment in April 2021. The purpose of the RITE is to contribute to the development, improvement and maturity of the integrity programs as provided for in Law 27,401; the exchange of good practices; and promote transparent business and market environments.
On 16 December 2022, the Data Protection Authority issued Resolution No. 255/2022 (“Resolution”). The Resolution approves the guiding criterion on the processing of genetic data, which is mandatory for those who are subject to the Personal Data Protection Law No. 25,326.