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Legal Newsletter - September 2022

Relevant News

  • Restrictions to acquire foreign currency (access to MULC
  • Regularization of Tax Obligations Regime AGIP

LEGISLATION

Communication “A” 7601/22 – Access to MULC

By means of Communication A Nº 7601/2022, the Central Bank of the Argentine Republic (“BCRA”), defers the following rules of Communication No. 7532 referred to the import of goods: (i) the maximum amount of SIMI category A or C [point 1.1]; (ii) the suspension of the exception that allowed access to the MLC for the payment of imports of goods subject to non-automatic import licenses that had an associated SIMI category B or C declaration in force [point 1.2]; (iii) the complementary provisions regarding access to the MLC related to the payment of imports of goods [point 2.1]; and (iv) the provisions related to the payment of imports of capital goods [point 2.3]. Finally, the communication establishes that the regulations in force before Communication 7532 will remain in force for companies of the energy sector and/or construction companies of infrastructure works for the energy sector.

Communications “A” 7606/22– Access to the MULC

By means of Communication “A” Nº 7606/2022 the Central Bank of the Argentine Republic (“BCRA”) establishes that those who have obtained or maintain the subsidies on natural gas, electric energy and/or drinking water tariffs will not be able to access the MLC to acquire foreign currency (point 3.8 of the exchange regulations) or to carry out the securities transactions established under point 4.3.2 of the exchange regulations (cash with settlement, MEP dollar). Likewise, the communication modifies the requirements to access the MLC for payments of imports of services

Communications “A” 7609/22 and 7610/22 – Access to the MULC

By means of Communication “A” Nº 7609/2022 the Central Bank of the Argentine Republic (“BCRA”) establishes that those who have sold agricultural goods to be exported under the terms of Decree 576/22 ("Dolar Soja"), will not be able to access the MLC to acquire foreign currency (point 3.8 of the exchange regulations) or to carry out the securities transactions established in point 4.3.2 of the exchange regulations (cash with settlement, MEP dollar). Communication “A” Nº 7610/2022 clarifies that these restrictions do not apply to natural persons.

Resolution 1389/2022 - REPRO

By means of Resolution Nº 1389/2022, the Ministry of Labor amends the REPRO Program and establishes, among others, the following (i) the amount of the monetary allowance will be 50% of the remuneration up to 50% of the minimum living and mobile salary; (ii) 6 months prior to enrollment in the REPRO Program, applicant companies must not have carried out dismissals without just cause; and (iii) the REPRO Program is not compatible with the Labor Uncertainty Program and the Employment Bridge Program.

Resolution 262/AGIP/2022 - Regularization of Tax Obligations Regime

By means of Resolution Nº 262/2022, the AGIP creates the Regularization of Tax Obligations Regime (the "Regime") for the purpose of regularizing tax obligations in arrears, corresponding to real estate tax and municipal taxes, vehicle patents, stamp tax and gross income tax, whatever the category of the taxpayer responsible. The application to the Regime is made through the web portal, in the case of administrative debt, or by requesting to the agent, in the case of judicial debt.

Decree 651/22 – Extension Of Labor Law

By means of Decree Nº 651/2022, the Executive Branch amplifies the scope of application of Labor Law Nº 24,557 to workers associated in worker cooperatives created under Cooperatives Law Nº 20,337 subject to each cooperative’s application for their inclusion under the aforementioned labor law regime.

LATEST NEWS IN THE HYDROCARBON SECTOR

Resolution 636/22 – Price of Biodiesel

By means of Resolution Nº 636/2022, the Secretariat of Energy set forth the prices of biodiesel destined for its mandatory mixture with diesel (under Law No 27,640) applicable to operations performed as of September 2022 until the date in which a new price is published.

Resolution 637/22 – Price of Bioethanol (Sugar Cane and Corn)

By means of Resolution 637/2022, the Secretariat of Energy set forth the price of bioethanol elaborated with sugar cane and corn destined for its mandatory mixture with petrol (Law 27,640) applicable to operations performed as of August 21th 2022 and as of September 1st, 2022 respectively, until the date in which a new price is published.

Resolution 638/22 - Additional Mandatory Transitional Biodiesel Cut-Off Regime (COTAB)

By means of Resolution Nº 638/2022, the Secretariat of Energy defers for a term of 60 days the “Additional Mandatory Transitional Biodiesel Cut-Off Regime" (“COTAB”) established by Decree Nº 330/2022.

Please, do not hesitate to contact us in case you have any further questions or comments:

María Victoria Tiscornia
Senior Associate
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+54 11 4326-7777

Leandro Martin Orts
Senior Associate
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+54 11 4326-7777