Date: March 25th, 2020
Within the framework of the Global Pandemic known as COVID-19 and the Health Emergency, our Government has been trying to create and implement norms daily, and because of this, our legislation actualizes on regular and permanent basis. We can highlight the following changes:
1. DECREES
DECREE Nº 311/2020- FORBEARANCE OF SERVICE OUTAGE IN CASE OF ARREARS OR LACK OF PAYMENT.
Date: March 25th, 2020.
Based on the current situation of social, preventive and mandatory isolation, one of the most important measures promoted by this Decree was to suspend temporally, for the period of 180 days, the disruption of essential services. It is considered as vital services, the ones related to: (i) electric power, (ii) water, (iii) gas, (iv) telephones, mobile phones, internet and TV either by radio or satellite, among other.
Furthermore, the Decree adds that the provision applies to the following entities that suffer nowadays emergency:
DECREE N° 312/2020 – SUSPENTION OF THE CLOSURE OF BANK ACCOUNTS.
Date: March 25th, 2020
As in for the Decree 312/2020, it considers that:
Also, the Decree promoted a suspension until April 4th, 2020 of:
2. ADMINISTRATIVE DECISIONS
ADMINISTRATIVE DECISION N° 429/2020
Date: March 20th, 2020
Through this Decision, 10 more activities and services are added to the list of essential reported by the Decree 297/2020. This means that the people that work in those areas are exempted to complying to the social and preventive mandatory isolation and the prohibition to move freely. We will proceed to list them below:
The norm also clarifies that the commutation of the personnel reached by the exceptions must be limited to the strict fulfilment of the activities and services considered as essentials.
Another situation that the Administrative Decision addresses is related to religious congregations. Of course, temples cannot perform masses nor any kind of religious events that imply the gathering of people, but the regulation allows the ministries of different cults to move freely in order to assist people in spiritual matters.
Finally, the Decision clarifies that when Article 6, Section 12 of the Decree 297/2020 talks about the Food Industry, it also refers to those who work on the productive areas of the chain of value and goods related to food and beverages, personal hygiene and cleaning products, medical supplies (medicine, vaccines) and sanitary objects.
ADMINISTRATIVE DECISION N° 431/2020- DATA AND INFORMATION.
Date: March 23rd, 2020
The Administrative Decision N° 431/2020 was published so as to regulate everything related to data and information. In order to protect public health, the norm provides that data and information registered on the files, registries, bases, data banks or related, can be transmitted, transferred or exchanged by the competence of the respective organisms or jurisdictions. This will be allowed during the pandemic COVID-19 within the framework of the health emergency and must be supervised by the “General Coordination Unit of the Comprehensive Plan for the Prevention of Internationally Importance Public Health Events”
Of course, the norm adds that provisions for protection of personal and sensitive data must be followed at every moment, not allowing them to be disseminated, transmitted nor transferred by any other channel.
3. MINISTRY OF PRODUCTIVE DEVELOPMENT- INTERNAL COMMERCE SECRETARY.
RESOLUTION N° 101/2020
Date: March 23rd, 2020
The Resolution N°101/2020, aims mainly to regulate the activities developed by full-service supermarkets, superstores, self-services food grocery stores, non-food grocery stores, chains of retail stores, wholesale supply organizations, perishable packers, and shopping centers.
With this purpose, the norm establishes a few measures that these shops have to implement within the term of 30 days, such as:
Finally, in connection with the presentation of cases that a company or natural people has to do at the Internal Commerce Secretary or any of its dependencies, a result of an inspection, imputations or requirements, within the framework of the Health Emergency, those must be processed through the platform “Distance procedures” (TAD) o the Documental Electronic Management system.
4. MINISTRY OF TRANSPORT
RESOLUTION 71/2020.
Date: March 20th, 2020
Official Gazette special Supplement
Because of the Health Emergency situation, Resolution N° 71/2020 established a scheme for the service of urban and suburban automotive and rail transport under the National Jurisdiction. The mentioned scheme includes the suspension of circulation of urban and suburban automotive transport services from 00:00 hours on March 20th, 2020 until 24 hours of March 31st, 2020.
As for the exclusions, we can recall: (i) the transfer to their addresses of residents in the country who are returning to the Republic Of Argentina; (ii) the transfer to airports, ports and/or bus or railway terminals of foreigners who are in the country and who are going to their country of origin; (iii) the transportation of passengers for the transfer of people who provide services or carry out activities declared essential in the public emergency.
On the other hand, the rule also provides two exceptions to the total suspension of interurban and international passenger and rail transport services provided by Resolution No. 64/2020: (i) the transfer of residents in the country who are returning to the Republic of Argentina; (ii) and the transfer of foreigners who are in the Argentinian Republic and who are going to their country of origin.
RESOLUTION N° 60/2020.
Date: March 20th, 2020
Official Gazette special Supplement
With this regulation, they established the “Protocol for National Application for the COVID-19 Crisis Prevention Committee at the River, Maritime and Lake´s Transport.” (Art. 6° Resolution N° 60/2020 Ministry of Transport).
OFFICIAL NOTICE
Date: March 20th, 2020
Official Gazette special Supplement
On March 23rd, 2020, the Ministry of Transport also published an Official Notice to inform that national and international cargo transportation, in all of its forms (air, land, sea, river, lakes, etc.) is authorized to circulate.
RESOLUTION 73/2020
Date: March 25th, 2020
With this new Resolution, the Ministry of Transport settled a new special scheme for the urban and suburban automobile and rail transportation service of the National Jurisdiction.
Another measure that they took was related to extending until March 31st the total suspension of inter-urban and international, automobile and rail passengers transportation and commercial cabotage air transport and general aviation that the Resolution N° 64/2020 that the Ministry of Transport addresses.
RESOLUTION 74/2020
Date: March 25th, 2020
The Ministries of Transport Resolution Nº 74/2020 adopts a model of affectation certificate for activities and services declared essential by article 6 sections 15 and 18 of the Decree N° 297/2020 and Article 1 point 2 of the Administrative Decision N° 429/202. This refers to people affected to activities related to (i) exterior commerce, (ii) goods transportation, (iii) oil, (iv) fuels and GLP, (vi) and production and distribution of biofuel. Annex I is attached to the norm and its use is recommended in order to certify the exception to the “social and preventive compulsory isolation” and the prohibition to move freely as transporters in front of National, Provincial, City of Buenos Aires and Municipalities that require it.
5. PRODUCTIVE DEVELOPMENT MINISTRY
RESOLUTION 114/2020
Date: March 23rd, 2020
The Ministry of Productive Development published Resolution N°114/2020 to suspend, for the period that the COVID-19 pandemic extends, the effects of Resolution N° 360/2019 of the former Ministry of Production, regarding antidoping measures applied to hypodermic syringes made of plastic, disposable materials, sterilized, with or without needles, from all sizes between 1 cc till 60 cc, that enter the Republic of Argentina from the Popular Republic of China. The mentioned goods classify in the tariff positions of the MERCOSUR Common Nomenclature 9018.31.11 and 9018.31.19.
RESOLUTION 118/2020
Date: March 24th, 2020
By means of Resolution N° 118/2020, the effects of Resolution N° 1347/2019 of the former Ministry of Work and Production are suspended for the period of the health emergency. This suspension is related to antidumping measures for parenteral dilutions that contain sodium chloride or dextrose, esterized, in closed infusion systems, for containers with capacity superior or equal to 0,1 liter but inferior or equal to 1 liter, product that is considered vital in the framework of the current situation.
Also, the norm states that they enter the Republic of Argentina through the Federative Republic of Brazil and the Mexican United States and that the products described classify in the tariff positions of the MERCOSUR Common Nomenclature 3004.90.99.
6. NATIONAL COMMUNICATIONS ENTITY
RESOLUTION 303/2020
Resolution N° 303/2020 established that, during the period of the “Social and Preventive Mandatory Isolation”:
7. NATIONAL VINICULTURE INSTITUTE.
RESOLUTION 15/2020
Date: March 23rd, 2020
Considering the sanitary crisis and while this situation continues, the National Viniculture Institute decided to establish in a temporary and exceptional form that those products qualified as adulterate, watery, manipulated or in infringement, that are intervened in cask on winegrowing establishments and once the analytical stage is closed, will be destined to distillation for benefit purposes. This winegrowing establishments must be registered at the National Viniculture Institute.
The mentioned norm adds that: (i) the industrial establishments registered at the National Viniculture Institute that want to use th goods mentioned must present themselves before their jurisdiction and ask for it, highlighting the final destination of the produced product and certifying the beneficiary reception. (ii) the beneficiaries of the produced alcohol, whichever their final form or characteristic is, must be national, provincial or municipal public entities; and (iii) the industrial installations interested will be charged with the freight from the place of intervention of the wine product till the distillery.
8. MINISRTY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY
RESOLUTION 219/2020
Date: March 20th, 2020
This Resolution was published with the purpose of issuing necessary reglementary measures in order to obtain a decrease in the influx of people at the public transport and workplaces, without this influencing production and supply of vital goods and services. The norm keeps the in-force duty for the personnel qualifies as essential.
Moreover, the norm has disposed that workers reached by the “Social and Preventive Mandatory Isolation” are excused of the responsibility of attending to their workplace. However, if the worker is capable of performing their tasks from the isolation place, then the employer must establish the conditions in which the labor will be done.
Concerning those who can execute their assignments in this modality, they will receive their habitual payment, whereas people that cannot carry out their job this way, the amounts perceived will have a non-remunerative character except the ones related to social security contributions to the National Security Health System and the Social Services National Institute for Retirees and Pensioners.
On the other hand, it will be considered as a reasonable exercise of the employer’s powers, the reorganization of the working day for the purposes of guaranteeing the continuity of the production of the activities declared as essential. This personnel is recognized as “essential personnal”. In order to do this, the employer must ensure workers the appropriate health conditions, fulfilling the protocols established by the sanitary authority.
Additional hours required to comply with this goal, will perceive a reduction of the 95% aliquot defined in Art. 19 Law N° 27.451 that is destined to the Argentinian Integrated Social Security System.
Regarding eventual personnel, hiring with this modality while the “Social and Preventive Mandatory Isolation” takes place, must be done in an extraordinary and temporary way in terms of the Article 99 Labor Law. As for their salary payment, they will suffer a 95% reduction of the aliquot defined in Art. 19 Law N° 27.451, same as the additional hours mentioned prior.
Finally, the norm explains that employers must provide the proper certification to employees who must continue working, so as to present in case it is requires by the police controls. These certificates need to include: (i) name, telephone number and information that allow an appropriate identification of the company; (ii) name, ID number and address of the employee; (iii) the workers qualification as essential and (iv) working address.
RESOLUTION 233/2020
The Resolution Nº 233/2020 expressed that janitor´s jobs that are not included in Art. 1 and 2 of the Ministry of Labor, Employment and Social Security N° 207/2020, are considered as an essential activity until March 31st 2020, whether they are provided with housing or not. The ones addressed by those articles, have the duty to assist to the workplaces suspended.
9. SUPERINTENDENCY OF LABOR RISKS – PREVENTION MANAGEMENT.
DISPOSITION 3/2020
Date: March 23rd, 2020
With this Disposition, the “Special Recommendations for Telecommunications Jobs” was approved. The mentioned recommendations are attached in the Annex of this Resolution and are directed specifically to the telecommunication staff excepted from isolation.
10. AIRPORT SECURITY POLICE.
DISPOSITION 307/2020
Published on March 23rd, 2020, this Disposition established on exceptional basis, an extension of the following due dates from March 17th, 2020 till March 31st, 2020:
The norm clarifies that the extension does not exempt the companies involved from the obligation to comply with the proper training according to the schedule that the Superior Institute of Airport Safety promptly reports. This must be done once the suspension of the courses is over.
11. NATIONAL HEALTH AND AGRICULTURAL QUALITY SERVICE – NATIONAL ANIMAL HEALTH DIRECTION.
DISPOSITION 108/2020.
By means of Disposition Nº 108/2020 of the Animal Health National Direction, the validity of the sanitary empowerment of live animals transport (SENASA Resolution N° 581/2014, article 9) is extended from 1 year to 18 months, whithout affecting their health and well-being. The aim of this is to avoid crowds in workplaces and reduce as much as possible the on-site consumers services.
12. FEDERAL PUBLIC REVENUE ADMINISTRATION
GENERAL RESOLUTION 4685/2020
Date: March 20th, 2020
Official Gazette Special Supplement
The norm establishes that, as an exception, until July 30th, 2020 (included) it is compulsory to use the Fiscal Code known as “Digital Presentations” to execute the presentations and communications electronically. Those procedures are detailed at the regulation.
A measure like this is taken in order to avoid on-site crowding at the agencies, districts and costumer services stations, to preserve staff health and the people that receive the services.
Disposición 80/2020
Date: March 20th, 2020
Official Gazette Special Supplement
Through the Disposition 80/2020 it is settled as essential activities and services those actions of control and audit related to (i) customs, taxes and social security resources,(ii) control and supervision of the people, goods and means of transport in the field of foreign trade and collaborative tasks with other public authorities.
13. ARGENTINIAN REPUBLIC CENTRAL BANK
DIRECTORY RESOLUTION 117/2020
Date: March 20th, 2020
By means of this Resolution, it was declared as non-working days, from the March 16th, 2020 till March 31st, 2020 for exchange and financial matters from Law of Foreign Exchange Criminal Regimen N° 19.359 and Law of Financial Entities N° 21.526. Notwithstanding the validity of the processes that are fulfilled on the term because it is not necessary the intervention of the defendants.
14. NATIONAL DIRECTION OF ROADS
RESOLUTION 98/2020
Date: March 20th, 2020
Official Gazette Special Supplement
Resolution Nº 98/2020 was published as a way to accompany the Health Emergency measures of the National Government and adopt actions to prevent the spread of the disease. By means of it, the Direction suspends road tolls tariffs of the Concession Contracts and the consideration for transit of the PPP Contracts, under the National Direction of Roads, from the 00.00 of March 20TH till March 31ST, 2020.
This measure seeks to guarantee the health of the employees of the different PPP Concessionaires and Contractors, and avoid contact with users, in order to comply with the mandatory isolation provided. Notwithstanding this, the regulation itself Provides that the Concessionaires and PPP Contractors must provide the emergency service in the road network, and the main services, with the aim of guaranteeing public transit service and user safety.
15. HEALTH SERVICE SUPERINTENDENCY
RESOLUTION 234/2020
Date: March 20th, 2020
Official Gazette Special Supplement
Through Resolution N° 234/2020, the Superintendence of Health Services has exceptionally extended the term of validity of authority’s certificates issued by the Social Work National Registry whose expiration would have operated or operates between January 1st, 2020 and 15th April 2020. The mentioned exception ends 30 calendar days after this publication.
16. MINISTRY OF AGRICULTURE, FARMING AND FISHING
RESOLUTION 36/2020
Date: March 20th, 2020
Official Gazette Special Supplement
Resolution N° 36/2020 of the Ministry of Agriculture, Farming and Fisheries exceptionally extends for 30 calendar days from March 12th 2020 the terms of the Affidavits of Abroad Sales (DJVE) that are registered and in force within the regime of Laws N° 21.453 and 26.351, including those that have been registered with a validity period of 30 days. This Extension will not be applicable to those DJVEs that have been registered as of March 12th, 2020.