Temporary Suspension of International Flights and Other Transport Restrictions
Following the declaration of Covid-19 as a pandemic by the World Health Organization, on March 12, 2020, the Argentine Executive issued Decree No. 260/2020 to prevent the spread of the virus in Argentina. This is a public order regulation and came into force yesterday, March 12.
Among the main measures, the Decree 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.”
It also empowers the MoH to "urge symptomatic persons from affected countries to refrain from travelling to Argentina, until they have a medical diagnosis from the health authority of the country in which they are, with the appropriate certification that rules out the possibility of contagion."
To date, the countries belonging to the European Union, the Schengen Area, the United Kingdom, the United States, South Korea, Japan, China and Iran are considered affected by the pandemic.
The Decree authorizes the Ministry of Health to "coordinate with the various jurisdictions the adoption of public health measures to restrict the disembarkation of passengers from ships and aircraft."
As for persons arriving in the country, or having arrived in the last 14 days, who have transited through the aforementioned countries, they must remain isolated for 14 days. In addition, those arriving must provide information on their itinerary, provide their address in the country and undergo a medical examination to determine the potential risk of contagion and the preventive actions to be taken.
Furthermore, non-resident foreigners who do not comply with the regulations on compulsory isolation may not enter or stay in the country. Non-compliance with the obligations set in the Decree with regard to isolation will be considered a criminal offence.
In addition, the Ministries must support the health authorities at the country's entry points for border health duties, when this is necessary to detect, evaluate, and refer cases suspected of being compatible with Covid-19.
The Decree 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.
Finally, international and national operators of means of transport operating in Argentina must comply with the established sanitary measures and preventive actions, and also issue the reports that are required of them, in a timely manner.
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.