New Import Restrictions in Argentina

On January 10, 2012, the Federal Tax Authority (Agencia Federal de Ingresos Públicos or “AFIP”)enacted Regulation 3252 which created the Import Prior Sworn Statement (Declaración Jurada Anticipada de Importación or “DJAI”) system. Regulation 3252 created an obligation for importers to file the DJAI with the Federal Tax Authority, prior to issuing a purchase order, production order or similar document to its foreign counterparty. The information included in the DJAI is available to all Agencies which adhere to the DJAI system and those Agencies will be able to raise objections to the relevant import. The importer will not be able to issue the purchase order unless the DJAI has been approved by all the Agencies which have adhered to the system. Thus, while Regulation 3252 states that the DJAI system is an informative system, it actually operates as a prior approval system, since the purchase order cannot be placed until it is approved by the relevant Agencies.

The DJAI system created by the Regulation 3252 became effective on February 1, 2012. The importer has the obligation to file a DJAI in connection with all final imports that take place after such date unless such import is exempted. The exemptions to the DJAI are few and not economically relevant for most importers (e.g. samples, donations, imports by courier, etc.) but only final imports are subject to the system. Therefore, importers who import goods under a temporary regime do not need to submit a DJAI. While all importers have to file a DJAI unless the import is exempted, there are certain imports which have a beneficial treatment. Those are imports the purchase order of which has been placed before February 1 and meet certain requirements and certain imports which are given a fast track treatment due to their economic or social importance.

The importer will have to file the DJAI, but approval of such DJAI will not be needed, for purchase orders in which, prior to February 1, 2012, either:

1. the goods were shipped to Argentina,
2. an irrevocable letter of credit was opened for such purchase, or
3. the purchase price was paid.

In these cases, when filing the DJAI, the importer will have to state that it qualifies for this special treatment and Customs will verify the accuracy of the statement at the time the import is cleared. Also, a fast track was created for supplies, spare parts, medicines, perishable goods, food and other urgent imports. According to the authorities, these products will have priority in the reviewing pipeline.

The Agencies that adhere to the DJAI system must issue their comments within 10 calendar days from the filing of the DJAI. In the event that an Agency does not raise an objection within such term, the DJAI will be considered approved and the import proceeding will continue. In the event of objections, the importer must solve the objection directly with the Agency. Once approved, the importer will be able to make an import under an approved DJAI within 180 days from its filing. This term may be extended.

The most important Agency which has adhered to the system is the Secretary of Domestic Trade (Secretaría de Comercio Interior) but the Food, Drugs and Medical Technology Administration (Administración Nacional de Medicamentos, Alimentos y Tecnología Médica or ANMAT) and the Agro-alimentary Health and Quality Administration (Servicio Nacional de Sanidad y Calidad Agroalimentaria or “SENASA”) also adhered. The grounds on which the Secretary of Domestic Trade can object to an import and the maximum term on which such Secretary must decide on a DJAI are not clear in the regulations.

The creation of the DJAI system also impacted in the procedure to purchase currency to pay for imports in advance. The Central Bank introduced amendments to the exchange control regulations providing that the importer will only be able to pay an import in advance if it has filed a DJAI and such DJAI has been approved by the relevant Agencies. This requirement does not apply to those imports in which the DJAI is not required, such as imports shipped to Argentina before February 1, 2012.

This system has been supplemented with a Services Prior Statement (Declaración Jurada Anticipada de Servicios or “DJAS”). Regulation 3276, published on February 22, 2012 provides that Argentine residents who contract services from foreign residents must file a DJAS if the service to be provided exceeds a certain amount (e.g. US$ 100,000 per year) or the amount is not detailed. Regulation 3276 also provides that Argentine residents who render services to foreign residents must file a DJAS but such obligation has not been regulated yet. There is no definition of service agreements but the activities listed in the Regulation include a broad range of fields such us trademarks and patents, royalties and technology agreements. The system will be effective as of April 1, 2012 and it is expected that it will be further regulated to make it operational (please see “Services Prior Sworn Statement System” in the current edition of Marval News)