ARGENTINA
Reported in December 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Complaints on import licencing
Firms in a variety of sectors have reported extensive delays in receiving import licenses, making it difficult to supply manufacturing facilities and reach Argentine consumers. In addition to a lack of transparency in the information required in import license applications, further increasing the unpredictability of doing business in Argentina.
Coverage Horizontal
ARGENTINA
Since October 2022
Since July 2017, last amended in August 2022
Since July 2017, last amended in August 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Resolution No. 26/2022 (Resolución No. 26/2022)
Resolution No. 523-E/2017 (Resolución No. 523-E/2017)
Resolution No. 523-E/2017 (Resolución No. 523-E/2017)
Resolution No. 26/2022 added new entries to the list of products subject to non-automatic import licenses, which include ICT goods such as cylinders coated with photoelectric semiconductor material (8443.99.32); machines and apparatus for the manufacture of semiconductors in the form of perform monocrystals or wafers (8486.10.00); machines and apparatus for the manufacture of semiconductor devices or electronic integrated circuits (8486.20.00); Of glass semiconductors (8504.40.21) - using the MERCOSUR Common Nomenclature. According to Art. 5 of Resolution, non-automatic import licenses imply that authorities may request from the importer, at any stage of the procedure, additional information and/or documentation, as well as request the intervention of the competent technical agencies or take background information from its own or third-party sources and request, if it deems it necessary, the clarifications it deems appropriate.
Coverage Cylinders coated with photoelectric semiconductor material (8443.99.32); Machines and apparatus for the manufacture of semiconductors in the form of periform monocrystals or wafers (8486.10.00); Machines and apparatus for the manufacture of semiconductor devices or electronic integrated circuits (8486.20.00); Of glass semiconductors (8504.40.21)
Sources
- https://www.globaltradealert.org/state-act/68751/argentina-2-678-new-products-subject-to-non-automatic-import-licenses
- https://www.boletinoficial.gob.ar/detalleAviso/primera/273112/20221004?busqueda=1
- https://www.boletinoficial.gob.ar/detalleAviso/primera/270212/20220825
- https://www.mercosur.int/politica-comercial/ncm/
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ARGENTINA
Since January 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Communication “A” 7201 (Comunicación “A” 7201)
According to Communication "A" 7201, to access the foreign exchange market for the payment of imports of certain goods, including cell phones above USD 500 and other electronic products, it is required to obtain prior authorization from the Central Bank of Argentina (BCRA)
Coverage Mobile phones: HS 8517.12.31
ARGENTINA
Reported in 2009, last reported in 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Complaints on import licencing
All goods imported into Argentina for final consumption require either an automatic or a non-automatic import licence. Certain import requirements were part of several WTO dispute settlement cases. In January 2015, the WTO Dispute Settlement Body found them to be violating WTO rules. Argentina has to comply with the rulings either immediately or within a reasonable period of time that it can request for implementation.
In addition, in January 2020, the validity of import licences was reduced from 180 to 90 calendar days after the date of their approval in the Comprehensive Import Monitoring System (SIMI). Moreover, non-automatic licences were required for 1,469 eight-digit HS tariff lines, or 14.3% of all tariff lines. This was a substantial increase on the numbers for 2012, when only 606 tariff lines (6% of the total) were subject to non-automatic licensing. The types of products affected by the measure have not changed substantially since 2012. Among the tariff lines subject to non-automatic import licensing, there are: machinery and mechanical appliances; electrical equipment and parts thereof; and optical, photographic, cinematographic, measuring, checking or precision instruments and apparatus.
In addition, in January 2020, the validity of import licences was reduced from 180 to 90 calendar days after the date of their approval in the Comprehensive Import Monitoring System (SIMI). Moreover, non-automatic licences were required for 1,469 eight-digit HS tariff lines, or 14.3% of all tariff lines. This was a substantial increase on the numbers for 2012, when only 606 tariff lines (6% of the total) were subject to non-automatic licensing. The types of products affected by the measure have not changed substantially since 2012. Among the tariff lines subject to non-automatic import licensing, there are: machinery and mechanical appliances; electrical equipment and parts thereof; and optical, photographic, cinematographic, measuring, checking or precision instruments and apparatus.
Coverage Horizontal
ARGENTINA
Since July 1994, last amended in June 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Resolution No. 909/94 (Resolución 909/94)
According to Art. 1 of Resolution 909/1994 (first amended by Decree No. 1205/2016, last amended by Decree No. 406/2019) a Certificate of Importation of Used Goods (CIBU) is needed for the definitive import for consumption of used goods included in the tariff positions of Chapters 84 to 90 of the Common Nomenclature of MERCOSUR (N.C.M.). This certificate must be filed before the General Customs Direction of the Federal Administration of Public Revenue. The used goods listed in its Annex I, which includes goods using a magnetic, optical or semiconductor carrier (8519.81), subscriber line concentrators (central office terminal or remote terminal) (8517.62.14) and other switching apparatus (8517.62.39), shall be subject to an import duty that is 100% higher than the level of the Import Duty Extra Zone (DIE) that corresponds to the correspondent tariff position of the NCM.
Coverage Used ICT goods
Sources
- https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-909-1994-32873/actualizacion
- https://www.argentina.gob.ar/normativa/nacional/decreto-1205-2016-268328/texto
- https://www.argentina.gob.ar/normativa/nacional/decreto-406-2019-324043/texto
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
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ARGENTINA
Since December 2006
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
Law No. 26,184 (Ley No. 26.184)
Argentine legislation allows the authorities to prohibit imports of goods for economic and non-economic reasons. Currently, Argentina prohibits imports only for non-economic reasons. Law 26,184 set out import prohibition on ordinary zinc-carbon and manganese alkaline primary cells and primary batteries, in cylindrical or prism form, with a mercury content exceeding 0.0005% by weight, a cadmium content exceeding 0.015% by weight and a lead content exceeding 0.2% by weight.
Coverage HS 8506 (Certain primary cells and primary batteries)
ARGENTINA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Argentina's law and jurisprudence. However, certain articles of the Argentine Civil Code and Intellectual Property Law are used as references for court cases and decisions. For example, in some cases the courts have found that ISPs are only liable if they have acted with ‘malice or negligence’ (see Rodríguez v. Google in 2014). Courts have developed a series of tests in specific cases that provide some minimal protection.
Coverage Internet intermediaries
ARGENTINA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability for copyright infringement is absent in Argentina's law and jurisprudence. However, certain articles of the Argentine Civil Code and Intellectual Property Law are used as references for court cases and decisions. For example, in some cases the courts have found that ISPs are only liable if they have acted with ‘malice or negligence’ (see Rodríguez v. Google in 2014). Courts have developed a series of tests in specific cases that provide some minimal protection.
Coverage Internet intermediaries
ARGENTINA
Since December 2016
Since December 2016
Since December 2016
Pillar Intermediary liability |
Sub-pillar User identity requirement
Resolution 8507 - E/2016 (Resolution 8507 - E/2016)
Regulations for identity validation of mobile communications services (Reglamento para la nominatividad y validación de identidad de los usuarios titulares de los servicios de comunicaciones móviles)
Regulations for identity validation of mobile communications services (Reglamento para la nominatividad y validación de identidad de los usuarios titulares de los servicios de comunicaciones móviles)
Art. 2 of Resolution 8507 - E/2016 states that the Mobile Communications Service Providers (MCSP) must store and systematize the information corresponding to the name, surname, National Identity Document (DNI) and address of the holders of the mobile telecom service in an Identity Registry of Owner Users of the Mobile Communications Service. Such a system has to be developed, operated and administered at the cost of the operator and the information must be available for the eventual requirement of the public prosecutor's office and/or the judiciary. Moreover, according to Art. 3 of the Regulations for identity validation of mobile communications services, PSCM must implement a nomination and validation system, either by itself or by third parties, that includes the identity of natural or legal persons who purchase a mobile telephone line.
Coverage Telecommunications sector
ARGENTINA
Since December 2016
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Resolution 8507 - E/2016 - Regulations for the Nominativity and Identity Validation of Users of Mobile Communications Services (Resolución 8507 - E/2016 - Reglamento para la Nominatividad y Validación de Identidad de los Usuarios Titulares de los Servicios de Comunicaciones Móviles)
According to Art. 24 of the Regulations for the Nominativity and Identity Validation of Users of Mobile Communications Services (Resolution 8507), each Mobile Communications Service Provider shall keep the corresponding receipts of the validation process carried out by each of its users, and in accordance with the method chosen for the validation: Interactive Voice Response records or web page, recording of the communication with the call center, copies of the documentation submitted in person, for a period of 10 years for the purpose of the Application Authority to carry out the audits it deems appropriate.
Coverage Mobile communications service providers
ARGENTINA
Since May 2019
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Trade Agreement between the Argentine Republic and the Republic of Chile
According to the Art. 11.6 of the Trade Agreement between the Argentine Republic and the Republic of Chile, the Parties recognize that each Party may have its own regulatory requirements on the transfer of information by electronic means. Each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party. The Parties may establish restrictions on the cross-border transfer of information by electronic means to achieve a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade.
Coverage Horizontal
ARGENTINA
Since 2000
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Law No. 25,326, of October 2000 - Personal Data Protection Law (Ley No. 25.326 de Protección de los Datos Personales)
The Data Protection Law defined several data protection-related terms and included general principles regarding data collection and storage, outlining the data owner's rights and setting out the guidelines for the processing of personal data. It is an omnibus law largely based on the EU Data Protection Directive 95/463 in force at that time, and the subsequent local legislation issued by the European countries (mainly Spain). Moreover, on 30 June 2003, the European Union issued a resolution establishing that Argentina had a level of protection consistent with the protection granted by the Directive with respect to personal data.
Coverage Horizontal
ARGENTINA
Since 1890, repealed in 2015
Since 2015
Since 2015
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Commercial Code (Código de Comercio)
Civil and Commercial Code of the Argentine Republic (Código Civil y Comercial de la Nación)
Civil and Commercial Code of the Argentine Republic (Código Civil y Comercial de la Nación)
According to Art. 67 of the Commercial Code, commercial books and related documents had to be stored for a term of 10 years. Although the Argentine Commercial Code was repealed in 2015, the Civil and Commercial Code, which replaces the previous Code, sets forth a period of 10 years for the conservation of accounting documentation (Art. 328).
Coverage Horizontal
Sources
- https://resourcehub.bakermckenzie.com/en/resources/data-privacy-security/latin-america/argentina/topics/data-localizationresidency
- https://ppp.worldbank.org/public-private-partnership/sites/ppp.worldbank.org/files/documents/Ley15.349(1946)_SP_0.pdf
- http://servicios.infoleg.gob.ar/infolegInternet/anexos/235000-239999/235975/norma.htm#9
- https://www.dataguidance.com/notes/argentina-data-protection-overview
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ARGENTINA
Since October 2000
Since November 2016
Since February 2019
Since April 2015
Since November 2016
Since February 2019
Since April 2015
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law No. 25,326, of October 2000 - Personal Data Protection Law (Ley No. 25.326 de Protección de los Datos Personales)
Regulation No. 60-E/2016 (Disposición No. 60-E/2016)
Resolution No. 34/2019 (Resolución No. 34/2019)
Provision No. 18/2015 (Disposición No. 18/2015)
Regulation No. 60-E/2016 (Disposición No. 60-E/2016)
Resolution No. 34/2019 (Resolución No. 34/2019)
Provision No. 18/2015 (Disposición No. 18/2015)
According to the Personal Data Protection Law, personal data can be transferred only to countries with an adequate level of protection (Art. 12). These countries, in accordance with Art. 3 of Regulation No. 60-E/2016, include Member States of the European Economic Area (EEA), Switzerland, Guernsey, Jersey, Isle of Man, Faroe Islands, Canada (only in relation to its private sector), Andorra, New Zealand, Uruguay and Israel (only in relation to the data handled automatically). The United Kingdom was included to this list through Art. 1 of Resolution No. 34/2019. In addition, there are exceptions to transfer data abroad, including consent by the data owner, the use of contractual clauses, and binding corporate rules for intra-group international transfer.
Provision No. 18/2015, issued by Argentina’s National Directorate for Personal Data Protection, treats cloud storage as an international transfer of data, therefore applying the same conditions for the use of these services (Guide to Good Privacy Practices for the Development of Applications, 4.a.7).
Provision No. 18/2015, issued by Argentina’s National Directorate for Personal Data Protection, treats cloud storage as an international transfer of data, therefore applying the same conditions for the use of these services (Guide to Good Privacy Practices for the Development of Applications, 4.a.7).
Coverage Horizontal
Sources
- http://www.jus.gob.ar/media/3201023/personal_data_protection_act25326.pdf
- http://servicios.infoleg.gob.ar/infolegInternet/anexos/265000-269999/267922/norma.htm
- http://servicios.infoleg.gob.ar/infolegInternet/anexos/320000-324999/320275/norma.htm
- https://www.argentina.gob.ar/normativa/nacional/disposici%C3%B3n-18-2015-245973#:~:text=Resumen%3A,AMBITO%20DEL%20DESARROLLO%20DE%20APLICACIONES.
- https://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/64790/texact.htm
- https://www.dataguidance.com/notes/argentina-data-protection-overview
- https://thelawreviews.co.uk/title/the-privacy-data-protection-and-cybersecurity-law-review/argentina
- https://cloudscorecard.bsa.org/2018/pdf/country_reports/2018_Country_Report_Argentina.pdf
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ARGENTINA
Since July 1998
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Argentina has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector