Transportation modifications in Argentina

National Implementation Protocol of the Crisis Committee for fluvial, maritime and lake transport

On March 20, 2020 the Ministry of Transport published the Protocol of the Crisis Committee for the prevention of COVID-19 for fluvial, maritime and lake transport (the “Protocol”) in the Official Gazette.

In the first place, the Protocol establishes Mr. Leonardo Cabrera as the representative of the Committee and that any suspected case must be reported to Border Health and notified to the port administration. Likewise, it determines that the crisis Committee must also be notified, through the shipping companies. The captain must make the relevant documentation available to the health authorities on behalf of the ship owner.

The Protocol is addressed to all parties related to fluvial, maritime and lake transport and to the merchant navy, and considers as essential personnel those individuals involved in such activities who carry out operational and security tasks, as well as all individuals who carry out operational and control tasks of national organizations such as Customs, SENASA and ANMAT with jurisdiction to guarantee the loading or unloading transport of goods.

In order to demonstrate that their work is considered “essential”, such individuals must travel with the passbook, card, certificate or credential of the activity and a note from their employer that certifies it.

The Protocol also authorizes Argentine employees from shipping companies and maritime agencies to circulate, for which they, as well as the essential workers, must carry a note from their employer certifying that such person work is related to foreign trade and transport services.

As for the Argentine crew, they are authorized to circulate between their homes and the ports of embarkation and disembarkation and the company’s offices by presenting their boarding pass, personal ID and a note from their employer that certifies that the service to be provided is considered essential. The same requirements apply to the Argentine employees of companies that carry out dredging works and assist vessels in case of stranding and/or salvage or that repair ships linked to the supply of fuel necessary to guarantee trade.

The Protocol also requires ports to have a COVID-19 contingency plan that is publicly known and available to all parties. Furthermore, it sets forth the general preventive measures to be performed both on ships and in port facilities. In the event of non-compliance with the isolation measures, any interested person must initiate criminal actions.

In particular, the operational preventive measures for the crew, the pilot and the ground personnel that provide services on board are established. In the first place, all crew changes are suspended, except in cases of extreme necessity, in which the agencies must present a medical evaluation certificate to the authorities. In the case of an Argentine crew that in the last 14 days has transited through affected areas, such crew must comply with the isolation health protocols. In addition, only the crew members who carry out an activity directly related to loading or unloading may circulate on deck, and it is prohibited to circulate in the port facility.

In the second place, pilots must wear protective clothing and are obliged to disinfect the boats. At the time of boarding, the pilot they must provide three crew members on the ship for the boarding assistance task. The Protocol expressly sets forth that the pilot's activity constitutes an essential service, exempt from border closures, and deemed essential for supply and trade.

Furthermore, the Protocol also establishes the individuals that are forbidden to enter the vessels (ships, barges and tugs) or ports and provides protection measures regarding ship services, such as the prohibition of landing waste and/or other non-disposable materials.

Finally, the Protocol sets forth the duty of each port to have a defined location and transfer units for any detected crisis situation and foresees that, if possible, safe corridors for trucks, personnel and authorities must be established. It also provides that the provisions of all types necessary to protect individuals in the event that their quarantine is decreed will be in charge of the Maritime Agency.

 

Expansion and reinforcement of contingency plans in Argentine international ports

On March 27, 2020 the Ministry of Transport published an official notice in the Official Gazette, in which the Ministry informed that it had communicated to the Port Authorities the regulations issued by the Ministry of Health for the expansion and reinforcement of contingency plans in Argentine international ports, in consideration of the current COVID-19 pandemic. In addition, it establishes the procedure to be followed when a ship with a possible case arrives to Argentine international ports, in accordance with the Protocol.

In order to guarantee the health of the population in relation to the personnel that operate in port terminals, the Ministry instructs port terminals for international transport to arrange, within 72 hours of publication of the official notice, functioning Health Posts located in a place to be determined in consultation with the health authorities of the jurisdiction, at their expense.

The Health Posts must have adequate conditions to carry out health assistance for crews that requires it and/or for the individuals who carry out their tasks in the port, to guarantee the operation of Foreign Trade.

 

Suspension of domestic flights

By Resolution No. 73/2020, on March 24, 2020 the Ministry of Transport extended the total suspension of commercial cabotage transport and general air transport services provided in Sections 2 and 3 of Resolution No. 64 of the Ministry of Transport dated March 18, 2020, until March 31, 2020. Likewise, it set forth that such suspension will be automatically extended in the event that the “preventive and compulsory social isolation” provided by Decree No. 297 is extended in the future.

 

Extension of the prohibition to enter the national territory

On March 26, 2020 the Administration issued Decree No. 313 through which it expanded the scope of the prohibition of entry into the national territory through ports, airports, international crossings, border centers and any other access point, provided by Decree No. 274, including people residing in Argentina and to Argentines with residence abroad. Such measure is in force from March 27, 2020 to March 31, 2020 (inclusive).

Such period may be extended or abbreviated by the Ministry of the Interior, after the intervention of the national health authority, in consideration with the evolution of the epidemiological situation.

The decree exempts individuals included in the exceptions provided for in Section 2 of Decree No. 274, that is, individuals who are involved in the transfer of goods through international trade operations of cargo transportation, by air, land, or maritime, fluvial and lake; carriers and crew of ships and aircrafts; and individuals involved in the operation of flights and medical transfers.

Likewise, the decree exempts individuals who, at the time of the entry into force of the decree, are in air transit to Argentina with a proven date of entry within the following 48 hours.

As in Decree No. 274, the National Directorate of Migrations was empowered to establish exceptions to the measures provided in Decree No. 313, in order to meet extenuating circumstances.