In the special session of 9 November 2022, the Chamber of Deputies granted the necessary approval for Congress to pass Law 27,699 by means of which the Argentine Republic ratifies the Amending Protocol with respect to the Automated Processing of Personal Data (“Convention 108+”). To complete the ratification process, the National Executive Branch will now study the law and, if approved, it will be published in the Official Gazette.
The Public Registry of the City of Buenos Aires established new additional obligations for simplified stock companies (SAS), with the purpose of identifying inactive or fictitious entities.
The General Resolution No. 13/2022, enacted on 27 October 2022, provides obligations for the SAS to evidence: (i) the existence and veracity of the legal domicile; (ii) the request made to have mandatory accounting and corporate books authorized; and (iii) the filing of financial statements corresponding to the fiscal years ending in 2020, 2021 and 2022, if applicable.
Failure to comply with these requirements would result in the Public Registry declaring the SAS as presumably inactive.
On 13 October 2022, Decree No. 682/2022 and Resolution No. 5272/2022 were published in the Official Gazette. With respect to certain transactions covered by the Tax on the Acquisition of Foreign Currency, the Federal Tax Authority added a new Collection Regime at a rate of 25% to the acquisition of foreign currency for certain payments through the Resolution.
By means of the Decree, payments for the (i) acquisition abroad of personal, cultural and recreational services (not including education), in accordance with the Central Bank of Argentina regulations, and (ii) the import of goods listed as “sumptuous” are also levied by the Tax at a rate of 30%.
By means of Joint General Resolution 5271/2022 of the Argentine Tax Authority and the Trade Secretariat published on 11 October 2022: (i) the Import System of the Argentine Republic and the Import System of the Argentine Republic and Payment of Services Abroad systems were implemented; (ii) the Import Information and Monitoring System and the Integral System for Monitoring Foreign Payments of Services were terminated; and (iii) the Single Current Account for Foreign Trade was created.
By means of Decree 679/2022, dated 10 June 2022, the Executive Power created the Promotion of Investments for Exports of Knowledge Economy Activities Regime, and incorporated benefits for those registered in the National Registry of Beneficiaries of the Promotion of the Knowledge Economy Regime provided by Law 27,506.
Argentina has passed Resolutions AFIP 16/2022 and 19/2022 to create a “Vaca Muerta” customs corridor. The purpose of these resolutions is to accelerate the customs clearance process for imports of goods to be used in the construction of the “Gasoducto Presidente Néstor Kirchner” gas pipeline as well as in the development and exploitation of the Vaca Muerta oilfield. Once the resolutions are implemented, they will substantially reduce the amount of time it takes to import covered goods.
On 27 September 2022, the Ibero-American Network for the Protection of Personal Data published the Guide for the Implementation of Standard Contractual Clauses for the International Transfer of Personal Data, which sets out certain aspects to be considered when making international transfers of personal data through the use of standard contractual clauses. The Guide includes non-binding guidance for those who make ITPD from member countries of the RIPD to non-adequate jurisdictions.
By National Law No. 27,686, published on 19 September 2022, the “Regime for the Development and Strengthening of the Argentine Auto Parts Industry” was created, granting tax and customs benefits to manufacturers of vehicles that use national auto parts and to manufacturers of auto parts in Argentina. The law sets forth the following tax and customs benefits: (i) accelerated amortization of capital goods and infrastructure works, excluding civil works not related to the industrial process; (ii) anticipated refund for the VAT corresponding to the investment made; and (iii) reduction of export duties to 0% up to 31 December 2031.
In line with the process of modernizing Personal Data Protection Law No. 25,326, the Agency for Access to Public Information presented a Draft Bill of Personal Data Protection Law.
The National Agency of Medicines, Food and Medical Technology (ANMAT) issued Disposition No. 6924/2022on 30 August 2022. The same provides some clarifications regarding the advertising, promotion and/or sponsorship of packaged food and nonalcoholic beverages containing at least one warning seal, including precautionary legends. The Disposition will take effect on the same day of its publication in the Official Gazette.