Resolution No. 84/2022 of the Secretariat of Mining, published in the Official Gazette on 29 November 2022, created the Federal Registry of Mining Suppliers where individuals and legal entities that, due to their activity or corporate purpose, offer goods, inputs or services, including those of technological innovation and knowledge economy, to companies in the mining sector, may register.
On 24 November 2022, Decree No. 67,301/2022 was published by the government of the state of São Paulo and provided for the administrative liability of legal entities for the practice of acts against the public administration in the city. The decree, which came into effect on the date of its publication, establishes the competence to judge administrative infractions and sets the jurisdictional authority to initiate an Administrative Liability Proceeding and the procedural norms for its execution.
On 29 November 2022, the Agency for Access to Public Information incorporated an online registration form to enable foreign individuals and legal entities that are not established in Argentina but that process personal data of Argentine citizens to register as “responsible for personal databases.”
In October 2022, the Multilateral Instrument was ratified by the Mexican Senate and could enter into force as soon as February 2023. As of the entry into force of this instrument, the Mexican Double Tax Conventions (DTCs) in effect will be automatically modified, without having to enter into the specific negotiation processes with each one of the signatory states. The instrument is, perhaps, the most impressive result of the BEPS Project, as it permits updating DTCs and allows jurisdictions to incorporate BEPS actions into their current DTCs without the need to resort to bilateral negotiations.
After a long legislative process, a new Brazilian Federal law on cartel damages claims was enacted and entered into force (Law No. 14.470/2022) on 17 November 2022. The statute comes with new provisions that are expected to significantly increase incentives for these lawsuits in Brazil. According to the new statute, those who suffered damages due to cartel agreements and concerted practices affecting Brazilian markets will be able to reclaim twice the value of their losses.
National and international public tenders for the geological and feasibility exploration of 11,000 hectares in the Salinas Grandes and Laguna de Guayatayoc basins consisting of seven mining properties, in the province of Jujuy, Argentina, will soon be launched for the eventual development and production of lithium carbonate. The bidding documents are for sale until 28 November 2022 and offers will be opened on 12 December 2022. The Tender is based on a private initiative proceeding initiated by Lithos Desarrollos Energéticos SA, which grants the company preference in consideration of bids.
The Brazilian Institute of Environment and Natural Resources opened a public consultation regarding a new normative that regulates the control of corporate emissions and the management of pollutant emission credits for the Vehicle Emission Control Program’s L8 phase. The public consultation is in accordance with CONAMA Resolution No. 492/2018, which established the Proconve L7 and L8 phases, and aims to obtain input from stakeholders who will be involved in Proconve L8.
On 1 November 2022, the National Ministry of Security approved the adhesion template and framework agreement template for the federal campaign “STOP. THINK. CONNECT. Argentina” — a campaign for public awareness on cybersecurity and cybercrime prevention. The Ministry has invited the provinces and the city of Buenos Aires to join the Campaign. The main goal of the initiative is to generate, disseminate and implement materials, training and good practices to raise awareness about cybersecurity and cybercrime.
On 25 October 2022, Supreme Decree No. 015-2022-PRODUCE was enacted, approving a new regulation of the law on labeling and verification of technical regulations.
In the special session of 9 November 2022, the Chamber of Deputies granted the necessary approval for Congress to pass Law 27,699 by means of which the Argentine Republic ratifies the Amending Protocol with respect to the Automated Processing of Personal Data (“Convention 108+”). To complete the ratification process, the National Executive Branch will now study the law and, if approved, it will be published in the Official Gazette.