New Sea, River and Lake Navigation Regime

On November 14, 2019, Decree 770/2019 of the Argentine Executive Branch was published approving the new Sea, River and Lake Navigation Regime (the “REGINAVE” after its acronym in Spanish). The main purpose of this new regime is to simplify regulations and reduce some of the complexities of the previous one. The new regulations modify the administrative procedures of the Argentine Coastguard in order to streamline them and achieve automatic interaction with different entities.

In particular, it establishes that all procedures, registrations and administrative actions regulated in the regime must now be managed through the online platform “Electronic Document Management” (the “GDE” after its acronym in Spanish). This simplifies and speeds up procedures for dispatching vessels, their registration and transfer of ownership in the national registry, through the incorporation of the online platform “Paperwork at Distance” (the “TAD” after its acronym in Spanish).

In order to achieve a complete modernization of the vessels’ documents and of the National Merchant Navy Personnel, the authorities are enabled to authorize the use of electronic and digital instruments.

The new regulation also addresses the conditions for Paraguayan-flagged vessels navigating in Argentine waters in greater detail, modifying requirements of the previous regime.

Moreover, the regime incorporates the regulations corresponding to the International Maritime Code for Solid Bulk Cargoes adopted by the International Maritime Organization (IMO) for its implementation in Argentine jurisdiction, and designates the Argentine Coastguard as the competent authority, authorizing it to dictate technical standards to implement the Code.

With respect to sanctions, and to fill a legal vacuum, the new regime also incorporates sanctions for foreign Merchant Navy Personnel who incur in the negligent exercise of the activity for which they are professionally authorized by other countries. Likewise, it implements a new scale of minimums and maximums of the sanction applied to the discharge of unauthorized hydrocarbons.

In order to protect the individuals and facilitate the exercise of the right of defense during the drafting of summary proceedings, the regime incorporates new rules of procedure for contraventions. Furthermore, the Fine Unit (the “UM”, after its acronym in Spanish) is introduced, which current value is ten (10) Argentine pesos, and to be adjusted annually by means of the coefficient of variation of the Consumer Price Index (“IPC” after its acronym in Spanish) of the National Institute of Statistics and Censuses (the “INDEC” after its acronym in Spanish).

On the other hand, to obtain the renewal of registrations, authorizations, procedures or certificates issued by the Maritime Authority, individuals must not have sanctions pending compliance, derived from infractions to the administrative regulation of navigation.

Finally, the new regulation requires foreign offenders to post bond to guarantee the payment of the fines imposed in Argentine jurisdiction. Thus, to allow the vessel with which the infraction was committed to set sail, they must first comply with this condition.