Relevant News

• Health Emergency (COVID-19). Social preventive and mandatory distancing and restrictions to night-time circulation.
• Labor Emergency. Deferral and prohibition of dismissals and suspensions.
• Freezing of Real Estate Lease Canon.
• Regulation of Tax on Wealth
• Regulation of Home Office Law
• Exchange control and access to foreign currency
• Price of Biodiesel and Bioethanol
• Sanitary Protocol for the Hydrocarbon Industry in the Province of Neuquén

LEGISLATION

Decree No 67/21 – Social, Preventive and Mandatory Distance and Isolation

By means of Decree N° 67/2021, the Executive Branch defers until February 28th, 2021 both “Social, Preventive and Mandatory Distance” (the “DISPO”) and “Social, Preventive and Mandatory Isolation” (the “ASPO”, even though at date of issuance of the Decree no jurisdiction is under ASPO).

Decree No 4/21 – Restrictions of night time circulation

By means of Decree No 4/2021 and in virtue of the increase in the number of coronavirus cases, the Executive Branch invites Governors to limit night-time circulation within the territory of their respective jurisdictions, which shall be regulated by local regulations.

Administrative Decision No 2/21 - Closure of National Borders

By means of Administrative Decision No 2/2021, the Chief of Staff defers until January 31, 2021 the closure of national borders set forth by Administrative Decision No 2252/2020, and suspends the validity of Administrative Decision No 1949/20 (international tourism pilot proof).

Decree No 39/21 – Deferral of Labor Emergency and Prohibition for Dismissals

By means of Decree N° 39/2021 (“The Decree”), the Executive Branch defers until December 31, 2021 the labor emergency previously declared by Decree N° 34/2019, and consequently, the prohibition of dismissals with no justified cause during such term, which shall imply employee’s right for double compensation, with a maximum limit of ARS 500.000 for the amount corresponding to such duplication. The Decree also defers for a 90-days period the term provided by Decree N° 891/2020 regarding the prohibition of: (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 provisions of The Decree shall not apply regarding employees hired after the date of entry in force of Decree N° 34/2019.

Decree No 66/21 – Freezing of Real Estate Lease Canon

By means of Decree N° 66/2021, the Executive Branch defers until March 31, 2021 the suspension of eviction proceedings. The Decree also defers until same date the validity term of certain real estate lease agreements set forth therein and the freezing of the value of lease canon, providing the mechanism and due dates for payment of the resulting difference.

Decree No 42/21 – Regulation of Tax on Wealth

By means of Decree No 42/2021, the Executive Branch regulates Tax on Wealth created by Law No 27,605 as a one-time emergency “mandatory extraordinary contribution”.

Decree No 27/21 – Regulation of Home Office

By means of Decree No 27/2021, the Executive Branch partially regulates Home Office Law No 27,555 (the “Law”). Among others, the Decree sets forth that: (a) the Law shall not apply when the services are continuously rendered on a regular basis at client’s facilities, or when services are occasionally and sporadically rendered at employee's domicile; (b) employer’s communications to employee once working hours have passed shall be allowed in case of imperative need and in case company’s activity is carried out in different time zones; (c) the exercise of employee’s right to interrupt their work for the care of people in need, shall be previously notified to employer, with the precise time for disconnection and reconnection; (d) employees initially hired under home office mode, shall not have the right to demand working in employer’s facilities; (e) employer’s obligation to provide necessary equipment and tools, and the reimbursement of employer’s connectivity related expenses, shall not be considered part of salary (non-remunerative).

Communication “A” 7193/20 – Access to MULC

By means of Communication “A” 7193/2020 the Central Bank of the Argentine Republic (“BCRA”), defers until March 31, 2020 the validity of the requirements and restrictions for access to MULC provided in Sections 2 (with certain amendments) and 3 of Communication BCRA “A” 7030/2020. The Communication, among others, also modifies Section 2 of Communication BCRA “A” 7123/2020, by incrementing the amounts to which importers shall be able to access MULC.

Communication “A” No 7200/21 - Registry of exchange information for exporters and importers of goods

By means of Communication “A” No 7200/2021, the Central Bank of the Argentine Republic (the “BCRA”) creates the “Registry of Exchange Information for Exporters and Importers of Goods”. As of May 1st, 2021, access to MULC by parties not complying which such registration shall be conditioned to BCRA previous authorization. Obliged parties shall be identified on a separate and future Communication.

Resolution No 16/21 – Repro II

By means of Resolution No 16/2021, the Ministry of Labor incorporated the recommendations issued by the Evaluation Committee of the Program Repro II (created by Resolution No 938/2020 for the granting of monthly fixed monetary benefits to employees on account of their salary), which include new parameters / requirements to be met for companies, with more or less than 800 employees, wanting to access the benefit for salaries accrued on December 2020.

Resolution No 4914/21 – Reference Values Applicable to Exports

By means of General Resolution N° 4914/2021, the General Direction of Customs set forth new values of reference for the exportation of certain food products provided therein (cow meat).

LATEST NEWS IN THE HYDROCARBON SECTOR

Resolution No 1/21 – Price for Biodiesel

By means of Resolution No 1/2021, the Secretary of Energy suspends until May 31, 2021 the proceeding for determination of price for the acquisition of Biodiesel set forth by Resolution No 83/2018; and sets monthly prices applicable to the acquisition of Biodiesel destined for mandatory mixture with diesel (under Law No 26,093) until May 2021.

Resolution No 2/21 – Price of Bioethanol (Sugar Cane)

By means of Resolution No 2/2021, the Secretary of Energy suspends until May 31, 2021 the proceeding for determination of price for the acquisition of Bioethanol coming from sugar cane set forth by Disposition No 81/2019; and sets monthly prices applicable to the acquisition of Bioethanol coming from sugar cane destined for mandatory mixture with petrol (under Law N° 26,093) until May 2021.

Resolution No 11/21 – Price of Bioethanol (Corn)

By means of Resolution No 11/2021, the Secretary of Energy sets monthly prices applicable to the acquisition of Bioethanol coming from corn destined for mandatory mixture with petrol (under Law No 26,093) until May 2021.

Decree No 35/21 - Deferral of Tax on Liquid Fuels

By means of Decree No 35/2021, the Executive Branch defers until March 12, 2021 the increase of tax on unleaded gasoline, raw gasoline and diesel previously determined by Section 7 of the Annex of Decree No 501/2018.

Province of Neuquén - Administrative Proceedings for Calculation of Easement Compensations

By Resolution N° 12/2021 the Secretary of Territorial Development and Environment of the Province of Neuquén abrogates Resolution N° 313/20 and sets forth a new administrative proceeding for the calculation, liquidation and collection of the easement compensation regarding public owned lands in which hydrocarbon activities are being developed.

Resolution No 35/21 - Transportation of Liquid Hydrocarbons

By means of Resolution No 35/2021, the Secretary of Energy modifies Annex I of Resolution No 571/2019, providing new specific regulations and technical conditions for the transportation of liquid hydrocarbons through ducts and sea and fluvial terminals.

Province of Neuquén - New Maximum Values for Annual Exploration Fee

Decree No 1656/2021 of the Province of Neuquén sets forth the maximum values of the exploration fee (“canon”) to be annually paid in advance by holders of exploration permits and exploitation concessions in favor of the Province.

Province of Neuquén - Sanitary Protocol for the Hydrocarbon Industry

Resolution N° 92/2021 amends the sanitary protocol applying to the Hydrocarbon Industry previously approved by Joint Resolution No 5/2020 of the Province of Neuquén.

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