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Legal Newsletter - July 2020

Relevant News

  • Health Emergency (COVID-19). Deferral and exceptions.
  • Exchange control and purchase of foreign currency.
  • Tax deferrals.
  • Judicial recess and administrative deadlines.
  • Prohibition of dismissals and labour suspensions.

LEGISLATION

Decree 605/20 – Social, Preventive and Mandatory Isolation

By means of Decree N° 605/2020, the Executive Branch provided the following, among others, in protection of public health within the sanitary emergency: (i) The obligatory Social, Preventive and Mandatory Distance (the “DSPO”), as set forth in the Decree, until August 2, 2020 for all people residing or in transit within the jurisdictions set forth in the Decree (most Provinces, with the three exceptions provided in (ii) below). Transit outside such jurisdictions shall be prohibited, with the exception for those granted with a Habilitation Certificate (“Certificado Único Habilitante para Circulación - Emergencia COVID-19”). Industrial and commercial activities shall only be permitted as long as an operation protocol is approved by the provincial public health authority. (ii) Deferring of the “Social, Preventive and Mandatory Isolation” (the “ASPO”) until August 2, 2020 for all people residing or in transit within jurisdictions not meeting the requirements for the DSPO, such as the City of Buenos Aires and the Metropolitan Area of Buenos Aires -AMBA-, Province of Jujuy, and department of “San Fernando” in the Province of Chaco. Public officers not included within the exceptions to ASPO, shall continue with their tasks and duties remotely from their domiciles. (iii) Public transportation is limited for essential workers. (iv) Deferring until August 2, 2020 the closure of national borders. (v) Deferring until August 2, 2020 the prohibition of suspending the phone and internet services in case of lack of payment.

Resolution 326/20 – Exception to Social, Preventive and Mandatory Isolation

By means of Resolution N°326/2020, the Ministry for Productive Development includes as an exception to the Social, Preventive and Mandatory Isolation set forth by Decree 576/2020, the production for export companies mentioned in the Resolution, and approves the procedure for other production for export companies not included in the Resolution in order to obtain the authorization to be also considered excepted.

Administrative Decision N°1251/20, 1264/20, 1289/20, 1294/20, 1329/20, 1318/20 and 29/20 – New exceptions to Social, Preventive and Mandatory Isolation

Administrative Decision N° 1251/2020, 1264/2020, 1289/2020, 1294/2020, 1329/2020, 1318/2020 and issued by the Chief of Staff, set forth new exceptions to the Social, Preventive and Mandatory Isolation within the Province of La Pampa, City of Buenos Aires (including professions and industries, among others) and AMBA (including manufacturing of several products, legal and accounting services, among others).

Communication “A” N° 7068/20 – Access to MULC

By means of Communication “A” 7068/2020, the Central Bank of the Argentine Republic (“BCRA”) set forth new amendments to previous Communication “A” 7030 regarding authorization requirements for access to the Single and Free Exchange Market (“MULC”) in order to acquire foreign currency regarding import operations.

Resolutions N° 4758/20 and 4768/20 – Deferral of Tax Sworn Statements

By means of General Resolutions N° 4758/2020 and 4768/2020, Tax Enforcement Authority (“AFIP”) defers presentation of affidavits and payment of income tax and personal assets. Resolutions also provides certain payment facilities for such obligations for natural persons.

Resolutions N° 4764/20 and 4765/20 – Reference Values applicable to exportations

By means of Resolutions 4764/2020 and 4765/2020, the General Direction of Customs set forth values of reference for the exportation of certain food products provided therein.

Resolution N° 4766/20 – New Extraordinary Tax Recess

By means of General Resolution N°4766/2020, Tax Enforcement Authority (AFIP) provides a new extraordinary tax recess from July 18, 2020 to August 20, 2020 as per COVID-19 pandemic.

Resolution N° 4770/20 – Precautionary Measures Against PyMES

By means of General Resolution N°4770/2020, Tax Enforcement Authority (“AFIP”) defers until August 31, 2020 the suspension of application of precautionary measures against small and medium companies (“PyMES”)

Supreme Court Agreement N° 26/20, 29/20 and 30/20 – Partial Lifting of Judicial Recess

By means of Agreement N°26/2020, N°29/2020 and 30/2020, the Supreme National Court of Justice partially lifted the extraordinary judicial recess for certain jurisdiction such as Comodoro Rivadavia, Salta, Posadas, Necochea, Resistencia, General Roca, Parana and Mar del Plata.

Supreme Court Agreement N° 27/20 – New Exceptions for Judicial Recess

By means of Agreement N° 27/2020, the Supreme Court of Justice provided the following, among others: (i) Maintain the operation of the Federal Courts regarding which the extraordinary judicial recess has been lifted until date; (ii) Lift the extraordinary judicial recess regarding the National Supreme Court of Justice, National and Federal Oral Courts, National and Federal First Instance Courts located in the City of Buenos Aires. Regarding all of the above, judicial deadlines shall be suspended between July 18, 2020 and August 3, 2020.

Decree N° 624/20 – Deferral of Dismissals and Suspensions

By means of Decree N° 624/2020, the Executive Branch defers for a 60-days period the following: (i) dismissals without cause and dismissals due to reasons of lack or diminution of work or force majeure events; and (ii) suspensions of workers due to reasons of lack or diminution of work or force majeure events, except for suspensions decided in accordance with Section 223 bis of Labor Contract Law. The Decree also sets forth that dismissals and suspensions decided contravening Decree’s dispositions will produce no effects.

Decree N° 604/20 – Suspension of Deadlines within Administrative Proceedings

By means of Decree N°604/2020, the Executive Branch suspends, from July 18, 2020 to August 2, 2020, the course of administrative deadlines within administrative proceedings.

Administrative Decision N° 1343/20 – Emergency Assistance Program to Work and Production

By means of Administrative Decision N°1343/2020, Chief of Staff incorporated the recommendations issued by the Evaluation Committee of the Program to Work and Production which include, among others, the extension of the granting of zero-rate credits until September 30, 2020, and the extension of the ATP Program regarding July’s complementary salary and the deferral and reduction of payments of contributions to social security system regarding salaries corresponding to July 2020.

Decree 626/20 – New Family Emergency Benefit

By means of Decree N°626/2020 the Executive Branch set forth a new payment of ARS 10,000 to be settled in August 2020 as a Family Emergency Income in the terms provided under Decree Nº310/2020 and complimentary regulations.

LATEST NEWS IN THE HYDROCARBON SECTOR

Neuquén – New Sanitary Protocol for the Hydrocarbon Industry

Join Resolution N°5/2020 approves a new sanitary protocol applying to the Hydrocarbon Industry within the Province of Neuquén.

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