Mining News
This is the monthly newsletter with all the latest news on mining from Marval O’Farrell Mairal.

Legislative News
Executive Decree No. 792/2020, published in the Official Gazette on 10/12/2020 (National)
It ordered, among other issues, the following measures:
- “Social, Preventive and Mandatory Distancing” (i.e. social distancing) was ordered for everyone living in the urban areas and districts of the Argentine provinces listed in this Decree; protocols and measures governing economic activities and circulation restrictions were also established.
- “Social, Preventive and Mandatory Isolation” (i.e. lockdown) was ordered in the areas listed in the Decree. The exemption for mining and forest production workers as well as distribution and logistics workers from the lockdown and circulation restrictions was also extended.
These measures will be in force from October 12 to October 25, 2020.
Decree No. 794/2020, published in the Official Gazette on 10/12/2020 (National)
The deadlines for administrative proceedings stipulated under Decree No. 298/2020 (on administrative proceedings) were extended from October 12 to October 25, 2020.
All administrative proceedings involving the emergency declared under Law No. 27,541, and extended under Decree No. 260/2020, as well as all selection procedures that go through the National Administration’s Electronic Procurement System “COMPR.AR,” have been excluded from the above suspension.
Decree No. 785/2020, published in the Official Gazette on 10/02/2020 (National)
The export tax rate was set at eight percent (8%) until December 31, 2021 on a series of tariff items that include, among others, gold, doré bars, granite, and marble.
Decree S. – Seg. No. 1,847, published in the Official Gazette on 10/13/2020 (of the Province of Catamarca)
“Social, Preventive and Mandatory Distancing” (i.e. social distancing) was ordered throughout the entire province from October 12 to October 25,2020.
Administrative proceedings and deadlines have also been suspended, without prejudice to any proceedings conducted or fulfilled within that period.
Agreement No. 13,211 issued by the Supreme Court of the Province of Salta, published in the Official Gazette on 10/02/2020 (Province of Salta)
The following was ordered within the department of justice: (i) the extraordinary court holiday was ended and courts must gradually and progressively reopen their sites; and (ii) the stay on procedural deadlines was lifted.
Resolution No. 94 issued by the Mining and Energy Secretariat of the Province of Salta, published in the Official Gazette on 10/09/2020 (Province of Salta)
The Provincial Registry of Local Suppliers of Mining Companies, created under Law No. 8,164 (on Mining Promotion) and regulated under Regulatory Decree No. 534/2020 was implemented and regulated. This task will be overseen by the Accounting and Administrative Program of the Mining and Energy Secretariat.
Resolution No. 096 issued by the Mining and Energy Secretariat of the Province of Salta, published in the Official Gazette on 10/16/2020 (Province of Salta)
The General Mining Directorate, through the Mining Management and Policing Program, has been entrusted with the implementation and regulation of the provisions established under section 20 of Law No. 8,164 (on mining promotion) and section 26 of Regulatory Decree No. 534/2020, which governs the promotion of local employment and development of local suppliers with residence in the Province of Salta.
This Resolution establishes that first category mining projects must certify, when submitting their Environmental Impact Report and/or pertinent Biannual Renewal, that they employ local workers, goods, supplies and/or services at a rate that represents 40% to 70% of their total payroll, depending on the magnitude and stage of the project. This requirement may be met progressively.
Additionally, in the event of not meeting the required rates for reasons not attributable to the concessionaire, this obligation may be partially waived, provided qualifying requirements are duly demonstrated.
Finally, applicable penalties for failure to comply have been established.
Decree No 1,204/2020, published in the Official Gazette on 10/13/2020 (Province of Santa Cruz)
Administrative deadlines of the proceedings in Río Turbio, 28 de Noviembre, Puerto Deseado, El Calafate, Caleta Olivia and Río Gallegos, have been suspended until October 25, 2020, without prejudice to any compulsory or unpostponable proceedings.
Proceedings before the Energy Institute, Ministry of Security and Social Welfare Fund are exempted from the above suspension and will continue normally.
Provision No. 085 issued by the Mining Secretariat of the Province of Santa Cruz, published in the Official Gazette on 10/06/2020 (Province of Santa Cruz)
Procedural deadlines for injunctions and court orders were extended from September 21 to October 11, 2020.
Decree No. 796/2020, published in the Official Gazette on 10/15/2020 (Province of Chubut)
This Decree:
- Creates the Hydrocarbon and Mining Department under the purvey of the General Directorate of Legal Matters;
- Changes the name of the Sub- Secretariat of Technical and Executive Coordination to Mining Sub-Secretariat;
- Changes the name of the Mines and Geology General Department to General Directorate of Technical Oversight of Mining Activities, under the purview of the Sub-Secretariat of Mining;
- Creates the General Directorate for Sustainable Mining Development under the purview of the Mining Sub-Secretariat;
- Changes the name of the Responsibility and Social Relationship Directorate to Management and Social Relationship Directorate under the purview of the General Directorate of Sustainable Mining Development, which in turn, is under the purview of the Mining Sub-Secretariat;
- Changes the name of the Administration, Dispatch and Human Resources Directorate to Mining Cadaster Directorate;
-
Change the name of the Mining Services Directorate to the Mining Police Directorate;and
- Changes the name of the Technical and Legal Management Department to Technical Management and Oversight Department under the purview of the General Directorate of Technical Oversight of Mining Activities, which in turn, is under the purview of the Mining Sub-Secretariat.
Mining in the Media
“Canadian Company approves a USD 3,000 million investment in a copper and gold project in the Province of San Juan” published by Inversor Minero & Energético on 10/20/2020
Ludin Canadian Group has approved the financial feasibility study of the Josemaria copper and gold project in the Province of San Juan. The construction will require a USD 3,000 million investment and will span over nearly two decades.
According to the study, the average annual metal production is expected to be 136,000 tons of copper, 231,000 ounces of gold and 1,164,000 ounces of silver.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.