By means of Decree of Need and Urgency (“DNU”) No. 260/220 and Provision No. 1644/2020 the Government has declared the Coronavirus emergency

Through Decree of Need and Urgency No. 260 (the “Decree”), published in the Official Gazette on March 12, 2020, and effective from that day, the public emergency in health matters was extended for a period of one year.

 

The member states of the European Union, members of the Schengen Area, United Kingdom of Great Britain and Northern Ireland, the United States of America, the Republic of Korea, the State of Japan, the People’s Republic of China and the Islamic Republic of Iran are all defined in the Decree as “affected areas” by the pandemic of COVID-19.

 

The Ministry of Health, as the enforcement authority, is entitled to order several measures, including: dissemination of recommendations; carry out educational campaigns; recommend travel restrictions; urge symptomatic persons to abstain from traveling to Argentina; acquire goods, services and equipment; hire personnel and exceptionally authorize the practice of professionals without title validation; coordinate the distribution of pharmaceutical products and items for medical use; deliver medications and medical devices; coordinate with the different jurisdictions the mandatory application of sanitary disinfection measures in means of transport, classrooms, workplaces, public access, or where there is an agglomeration of people; coordinate public health measures to restrict the disembarkation or circulation of collective passenger transport, or the isolation of areas or regions, establish transfer restrictions and exceptions; establish a sworn statement for travelers’ health status; authorize the installation and operation of field or modular hospitals; carry out the communication with local jurisdictions; take any other measures that may be necessary to mitigate the effects of the pandemic.

 

The Decree sets forth the adoption of measures to suspend the leaves of absence of health personnel affected to the emergency.

 

The Ministry of Health together with the Ministry of Productive Development may set maximum prices for alcohol gel, chinstraps, or other critical supplies; and adopt measures to prevent their shortages.

 

Section 7 states that the following people must remain isolated for a period of 14 days:

 

a) Those who have the status of “suspected cases” (every person with fever and one or more respiratory symptoms (cough, sore throat or respiratory distress) and who in recent days, has a history of travel to the “affected areas” or have been in touch with confirmed or probable cases of COVID-19).

 

b) Those who have medical confirmation of having contracted COVID-19.

 

c) The “close contacts” of the people included in subparagraphs a) and b) in the terms established, according to the enforcement authority.

 

d) Those who arrive in the country having passed through “affected areas”. These people must also provide information on their itinerary, declare their address in the country and undergo the least invasive medical examination possible in order to determine the potential risk of infection and the preventive actions to be taken, without exception. Nonresident foreigners who do not comply with the regulations on compulsory isolation and with the sanitary measures in force may not enter or remain in the Argentine territory, with the exceptions provided by the health or immigration authority.

 

e) Those who have arrived in the country in the last 14 days, having passed through “affected areas”. Nonresident foreigners who do not comply with the regulations on compulsory isolation and with the sanitary measures in force may not remain in the Argentine territory, with the exceptions provided by the health or immigration authority.

 

This Section also sets forth that if the breach of the indicated isolation and the other obligations is verified, the officials, health personnel, personnel in charge of educational establishments and authorities in general who become aware of such circumstance, must file a criminal complaint to investigate the possible commission of the crimes provided for in Sections 205, 239 and related provisions of the Argentine Criminal Code.

 

The Decree establishes that people who have symptoms compatible with COVID-19 must immediately report said situation to health providers, using the modality provided in the health recommendations in force in each jurisdiction.

 

Section 9 provides for the temporary suspension of international passenger flights from the affected countries, for a period of 30 days. The controlling authority [i.e., the Ministry of Health or MoH] may extend or shorten the time limit, depending on the evolution of the epidemiological situation. The MoH may also make exceptions to facilitate the return of persons residing in Argentina, applying all the corresponding preventive measures, and to address circumstances of necessity. (For more information, see “Temporary Suspension of International Flights and Other Transport Restrictions”).

 

The Ministries of Security and of Internal Affairs must provide support to the health authorities at the entry points into the country for the exercise of the Border Health function to detect, evaluate and refer cases suspected of being compatible with COVID-19.

 

The National Direction of Migration and the Ministry of Foreign Affairs will provide the information required by the Ministry of Health to contribute to the identification and location of people who can meet the status of “suspicious case”, as well as those who have been in close contact with them.  

 

The Ministry of Interior Affairs may suspend the delivery of the required visas.

 

The Ministry of Labor, Employment and Social Security, according to the Decree, will establish the conditions of work and leaves of absence for those who are included in the provisions of Section 7 (suspected cases, confirmed cases, close contacts and from the affected areas). Furthermore, special regimes of leaves of absences may be established according to health recommendations.

 

Section 16 also empowers the Ministry of Transport, through the Regulatory Agency of the National Airport System (the “ORSNA”, after its acronym in Spanish), or the Undersecretariat of Navigable Ports and the Merchant Navy, as well as the Ministries of Security and the Interior, to designate, together with the Ministry of Health, safe air, sea and land corridors, if certain points of entry into the country are identified as having the best basic conditions to prevent the spread of the virus.

 

International and national operators of means of transport operating in the Argentine Republic must comply with the established health measures and preventive actions and issue the reports that are required to them, in a timely manner.

 

The closure of museums, sports centers, game rooms, restaurants, swimming pools and other places with public access may be ordered; as well as the suspension of public shows and all other massive events; the imposition of safety distances and other necessary measures to avoid crowds.

 

The Decree, defined as a norm of public order, provides that any infraction to the established measures will result in the penalties that are applicable according to the current regulations, notwithstanding the corresponding criminal complaints for the commission of crimes of public action, in accordance with Sections 205, 239 and related provisions of the Argentine Criminal Code.

 

These Sections refer to penalties for those who do not comply with the measures adopted by the competent authorities, to prevent the introduction or spread of an epidemic, and for those who resist or disobey a public official in the legitimate exercise of their functions under a legal obligation.

 

Moreover, Provision 1644/2020 issued by the National Direction of Migration, published in the Official Gazette on March 12, 2020, establishes the temporary suspension of certain migratory categories for foreigners who are abroad and are nationals and/or incoming from the “affected areas”.

 

The Provision establishes that the temporary suspension is applicable to foreigners who are nationals or incoming from the mentioned countries, regarding:

 

1. The applications for admission as “temporary residents” for migrant employees, rentiers, pensioners, investors, scientists and specialized personnel, sportsmen, artists, officially recognized religious figures, academics and students.
2. The applications for admission as “transitory residents” for academics category.
3. The applications for admission as “special transitory residents” with the purpose of performing tasks in scientific, professional, technical, religious or artistic fields.
4. The online processing of Electronic Travel Authorizations (AVE).
5. Entry permits and visas processed by Argentine consulates.