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In Argentina

Argentina: The National State creates spaces open to the community to promote mining development

by and 3 Mins Read

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.

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In Antitrust / Competition

Brazil: “Practical Guide for the Analysis of Price Increases of Products and Services” launched to identify abusiveness in offering products and services

by , , , and 4 Mins Read

The National Consumer Secretariat of the Ministry of Justice of Brazil (Secretaria Nacional do Consumidor (SENACON)) has prepared a guide — the “Practical Guide for the Analysis of Price Increases of Products and Services” — focusing on guiding the authorities’ actions on the identification and characterization of abusive price increases for products and services and what measures should be taken in this case.

In Brazil

Brazil: ANM publishes regulatory measures applicable to the safety of mining dams

by , and 2 Mins Read

On 16 February 20221, the National Mining Agency published Directive No. 95 of 7 February 2022, defining the regulatory measures applicable to mining dams pursuant to the National Policy on Dam Safety. The resolution enters into effect on 22 February 2022 and establishes mandatory deadlines for entrepreneurs.

In Corporate Compliance

Mexico: Amendments to the regulations of the Civil Aviation Law – Drones

by , and 2 Mins Read

The Civil Aviation Law Regulations were amended in response to Mexico’s downgrade to Category 2 by the United States Federal Aviation Agency. These reforms propose measures to improve the safety of Mexican aviation and seek to correct the lack of compliance determined by the Federal Civil Aviation Agency with the safety standards imposed by the Convention on International Civil Aviation of the International Civil Aviation Organization. In addition, the reform incorporated provisions related to the operation of Remotely Piloted Aircraft Systems, better known as drones.

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In Antitrust / Competition

Colombia: New modifications to the structure and functions related to personal data and competition protection of the Superintendence of Industry and Commerce

by , and 4 Mins Read

On 24 January 2022, the Colombian President issued Decree 092 of 2022, modifying the structure of the Superintendence of Industry and Commerce and assigned new functions to the different offices of this entity. Within the modifications, particularly noteworthy is the creation of the Compliance Department, which is part of the Deputy of Competition Protection, and the Habeas Data Department, which is part of the Deputy of Personal Data Protection.

In Argentina

Argentina: Investment promotion regime for exports

by and 3 Mins Read

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.

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In Brazil

Brazil: Decree regulating the construction and operation of offshore power generation projects is published

by , and 5 Mins Read

The federal government has enacted Federal Decree no. 10,946/2022, which establishes and regulates the guidelines for energy generation in offshore projects, particularly about the use of maritime space and the exploitation of natural resources. With the publication of the Decree and according to the Ministry of Mines and Energy, certain gaps are expected to be filled, in addition to a greater regulatory assurance involving the development of offshore power generation projects.

In Argentina

Argentina: Integrated System for Monitoring Foreign Payments of Services — the Argentine tax authority establishes an authorization system on payments of services to foreign parties

by 4 Mins Read

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).

In Argentina

Argentina: Calculation criteria for financial economic capacity may create improper import restriction

by and 2 Mins Read

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.

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