ARGENTINA
Since October 2019
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Communication "A" 6823 (Comunicación "A" 6823)
Pursuant to Communication A 6823, cash advances made abroad from local credit cards are limited to a maximum of 50 USD per transaction. Companies and individuals need to obtain prior clearance from the Central Bank before transferring funds abroad, including dividend payments, or paying for services rendered to a company by foreign affiliates. If transfers are made from their own foreign currency accounts in Argentina to their own accounts abroad, individuals do not need to obtain Central Bank approval.
Coverage Electronic payments
ARGENTINA
Since December 2019
Since October 2019
Since October 2019
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Decree No. 1,001 (Decreto No. 1.001)
Decree No. 221 - Postal Delivery Regime (Decreto No. 221/2019 - Régimen de Envíos Postales)
Decree No. 221 - Postal Delivery Regime (Decreto No. 221/2019 - Régimen de Envíos Postales)
Decree No. 221/2019 amended Art. 80 of the previous Decree No. 1,001 establishing a de minimis threshold, that is the minimum value of goods below which customs do not charge duties and taxes, is 50 USD (below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). However, this applies only to postal shipments and to a maximum of 12 shipments per year.
Coverage Horizontal
ARGENTINA
Since March 2013, last amended in December 2013
Since December 2013
Since December 2013
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
General Resolution No. 3,450 of the Federal Tax Authority (Resolución General No. 3450 de la Administración Federal de Ingresos Públicos)
General Resolution No. 3,550 of the Federal Tax Authority (Resolución General No. 3550 de la Administración Federal de Ingresos Públicos)
General Resolution No. 3,550 of the Federal Tax Authority (Resolución General No. 3550 de la Administración Federal de Ingresos Públicos)
According to the provisions of Art. 5 of General Resolution No. 3,550 of the Federal Tax Authority, which amends the General Resolution No. 3,450 of the Federal Tax Authority, an additional 35% is charged for the use of credit and debit cards for purchases made abroad (the additional charge established in the Resolution No. 3,450 was a 20%). This surcharge applies to:
- purchases made by Argentine residents, with credit or debit cards issued in Argentina, of goods or services outside the country;
- purchases made in foreign currency through web pages or Internet connections;
- purchases of services abroad contracted through Argentine travel agencies; and
- purchases of passenger transportation services to foreign destinations by land, air, and river.
This tax has implications both for Argentine customers using foreign websites and for foreign companies targeting the Argentine market.
- purchases made by Argentine residents, with credit or debit cards issued in Argentina, of goods or services outside the country;
- purchases made in foreign currency through web pages or Internet connections;
- purchases of services abroad contracted through Argentine travel agencies; and
- purchases of passenger transportation services to foreign destinations by land, air, and river.
This tax has implications both for Argentine customers using foreign websites and for foreign companies targeting the Argentine market.
Coverage Electronic payments
Sources
- https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-3450-2013-209507
- https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-3550-2013-223132/texto
- http://www.consejo.org.ar/noticias13/files/RG3450_modfix_RG3550.pdf
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
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ARGENTINA
Since March 2019
Since September 2022
Since September 2022
Pillar Online sales and transactions |
Sub-pillar Limits on e-commerce purchases
General Resolution No. 4,450 (Resolución General 4,450/2019)
General Resolution No. 5,260/2022 (Resolución General 5,260/2022)
General Resolution No. 5,260/2022 (Resolución General 5,260/2022)
According to Art. 1 of General Resolution 4,450/2019, last amended by General Resolution 5,260/2022, shipments entering through the import regime by express couriers may not exceed USD 1,000 FOB (Free on Board), weigh no more than 50 kilograms and be no more than three units of the same item. Moreover, according to Art. 7 of the Resolution, the same item cannot be imported more than five times a year.
Previously, similar measures were found in General Resolution No. 3,916/2016 and General Resolution No. 3,915/2016, both repealed in 2019.
Previously, similar measures were found in General Resolution No. 3,916/2016 and General Resolution No. 3,915/2016, both repealed in 2019.
Coverage Electronic commerce
Sources
- https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-4450-2019-321674/actualizacion
- https://en.mercopress.com/2022/09/24/argentina-limits-door-to-door-purchases-abroad
- https://www.trade.gov/market-intelligence/argentina-restrictions-imports
- https://www.infobae.com/economia/2022/09/23/compras-online-en-el-exterior-el-gobierno-modifico-los-montos-limite-en-dolares-para-los-envios/
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ARGENTINA
Since 1999
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
In-country testing
Electrical products must display an official safety "S" mark to show that they conform with the regulations. However, due to implementation issues, it is difficult to state with certainty which products must be tested, certified and marked. All certification bodies that issue S-Mark certificates through recognition of testing done outside of Argentina also have to perform “accreditation of coincidence between the product intended to be marketed in Argentina and the one contained in the certificate issued abroad” and issue an official notification to that effect.
All regulated products must be accredited by the Argentine Accreditation Organization (Organismo Argentino de Acreditación, OAA) and recognized by the Government. Testing laboratories must similarly be accredited and recognized. Argentina recognizes foreign certification bodies and laboratories if accredited by their national accreditation agencies, in countries where reciprocity agreements to such effect are in place.
The accreditation of third-party conformity assessment bodies is not a requirement for all technical regulations implemented at the national level; determining whether this is necessary depends on the analysis undertaken during the particular drafting process. OAA regulations on the accreditation of certification bodies and laboratories are consistent with those of the international standardization organizations as contained in the ISO/IEC standards (adopted as IRAM standards).
All regulated products must be accredited by the Argentine Accreditation Organization (Organismo Argentino de Acreditación, OAA) and recognized by the Government. Testing laboratories must similarly be accredited and recognized. Argentina recognizes foreign certification bodies and laboratories if accredited by their national accreditation agencies, in countries where reciprocity agreements to such effect are in place.
The accreditation of third-party conformity assessment bodies is not a requirement for all technical regulations implemented at the national level; determining whether this is necessary depends on the analysis undertaken during the particular drafting process. OAA regulations on the accreditation of certification bodies and laboratories are consistent with those of the international standardization organizations as contained in the ISO/IEC standards (adopted as IRAM standards).
Coverage Electrical products
Sources
- http://export.gov/argentina/doingbusinessinargentina/argentinacountrycommercialguide/traderegulationsandstandards/index.asp
- http://2016.export.gov/argentina/doingbusinessinargentina/index.asp
- https://www.wto.org/english/tratop_e/tpr_e/s412_e.pdf
- http://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/60905/norma.htm
- https://www.larcg.com/where-we-work/argentina/
- https://www.nemko.com/blog/argentina-requiring-in-country-testing-of-wireless-network-equipment
- https://www.anbotek.com/argentina-s-mark-cert/
- https://www.intertek.com/product-certifications/marks/etl-ar/
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ARGENTINA
Reported in 2008, last reported in 2022
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
In-country testing
It is reported that radiofrequency transmitter products that make use of the radioelectric spectrum or connect to the public network, which are intended to be commercialized in Argentina are subject to a mandatory homologation process issued by the "Ente Nacional de Comunicaciones" (ENACOM). The products include WiFi devices, Bluetooth, Cellular Equipment, RFID Modules, Portable Transceivers, and Wireless Gateways. Most products require testing in Argentina, and typically one to three samples are needed depending on the device. Legal representation is requires as only an Argentine supplier can apply for certification approval from ENACOM.
Coverage WiFi, Bluetooth devices, Cellular equipment, RFID modules, Portable transceivers, Wireless gateways
Sources
- https://www.larcg.com/where-we-work/argentina/
- https://www.enacom.gob.ar/homologacion-de-equipos_p347/preguntas-frecuentes
- https://ib-lenhardt.com/type-approval/argentina
- https://www.enacom.gob.ar/normas-tecnicas_p474
- https://www.appluslaboratories.com/global/en/what-we-do/service-sheet/argentina-radio-type-approval
- http://www.sice.oas.org/ctyindex/USA/ftbarg2005_e.pdf
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ARGENTINA
Since November 2015
Since July 2018
Since July 2018
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Resolution No. 1219/2015 (Resolución No. 1219/2015)
Resolution No. 66/2018 (Resolución No. 66/2018)
Resolution No. 66/2018 (Resolución No. 66/2018)
Argentina has established percentages of local content in the production process for manufacturers of mobile and cellular radio communication equipment operating in Tierra del Fuego province. Resolution 66/2018, which replaced Resolution 1219/2015, retains the local content requirement for certain products such as technical manuals, packaging, and labels, as established in Art. 10 of Resolution 66/2018. However, it has eliminated the local content requirement for batteries, screws, and chargers. The percentage of local content required varies from 10% to 100%, depending on the process or item in consideration. In the event that the local supply is not sufficient to meet the local content requirements, companies have the option of requesting an exemption, which will be reviewed every six months in accordance with Art. 11.
Coverage Mobile and radio equipment
ARGENTINA
Reported in December 2022
Pillar Quantitative trade restrictions for ICT goods, products 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, products 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
Reported in 2022
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Complaints on the import system
It is reported that from 2022 there is an import regime, called SIRA (Sistema de Importación de la República Argentina), which replaces the previous one (SIMI: Sistema Integral de Monitoreo de Importaciones) and also the SIRASE (Sistema de Importación de la República Argentina y Pagos de Servicios al Exterior). Telecommunication cooperative chambers have complained about the lack of import authorizations from the new system, which threatens the continuity of the services.
Coverage Telecommunications sector
ARGENTINA
Reported in 2009, last reported in 2021
Pillar Quantitative trade restrictions for ICT goods, products 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, products 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 January 2021
Pillar Quantitative trade restrictions for ICT goods, products 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
Since December 2006
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Import ban applied on ICT goods, products and 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 harbor 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