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.
Gustavo Sanchez-Gonzalez, Armando Cabrera-Nolasco and Katia Huezo of Baker McKenzie describe the key concepts surrounding marketing intangibles and the way tax regulations and tax authorities in the region are tackling these issues.
On Tuesday 3 May 2022, the Ministry of Labor, Employment and Social Security, through Resolution 826/2022, approved the collective agreement signed between the Argentine Federation of Commerce and Services Employees, the Argentine Chamber of Commerce and Services, the Argentine Confederation of Medium Enterprises and the Argentine Union of Commercial Entities. The Agreement establishes new salary conditions applicable to employees covered by the Collective Bargain Agreement 130/75 effective from 1 April 2022 to 31 March 2023.
On 25 April 2022, the Anti-Corruption Office approved the System for Monitoring Private and Public Activities Before and After the Exercise of Public Function, with the purpose of collating and verifying compliance with public ethics regulations of individuals who enter and leave high-ranking public positions in the National Executive Branch.
On 7 April 2022, the Public Registry of the City of Buenos Aires issued General Resolution No. 4/2022, which establishes certain requirements to evidence the accuracy of the legal domicile fixed by simplified stock corporations at the time of registration or when moving the same.
Resolution No. 570/2022 , issued by the National Communications Authority, was published in the Official Gazette on 31 March 2022. The Resolution establishes that news signals that are mandatory for the subscription of television services must include additional visual communication media that uses sign language and closed captioning.
Through Resolution No. 89/2022 (“Resolution”), published on 22 February 2022, the National Ministry of Productive Development (“Ministry”) created: (i) “The System of Public Information about Mining Activities in Argentina for the Community” (SIACAM, as its original acronyms in Spanish); and (ii) “The National Roundtable on Mining for the Community” (MEMAC, as its original acronyms in Spanish). Both motions aim to increase the citizens’ confidence in mining.
Mainly, SIACAM will provide public and detailed information on the social, economic and environmental impacts of mining activities, and MEMAC will organize multi-stakeholder dialogue spaces to discuss the benefits, risks and factors to be considered for the development of mining in Argentina.
By Decrees No. 234/2021 and No. 836/2021, the Executive Power established in Argentina an Investment Promotion Regime for Exports, granting benefits to those who make a direct investment in foreign currency of no less than USD 100 million, either for: (i) new investments; or (ii) to expand an existing business unit in industrial forestry, mining, hydrocarbon, manufacturing and agro-industrial activities.
The Federal Tax Authority (FTA) has established an Integrated System for Monitoring Foreign Payments of Services (SIMPES) through which the FTA will analyze compliance with tax obligations and the financial-economic capacity of the taxpayers who intend to make foreign payments for contracted services. The SIMPES is established to complement the current control system integrated by the System of Financial Economic Capacity (“System CEF”) and the Integrated System for Monitoring Imports (SIMI).
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.