Database

Browse Database

ARGENTINA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Argentina has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

ARGENTINA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Argentina has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

ARGENTINA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Argentina has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

ARGENTINA

Since May 1982, as amended in March 2019

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Decree No. 1,001 (Decreto No. 1.001)
According to Art. 80 of Decree No. 1,001, as amended by Decree No. 221/2019, Argentina has a a de minimis threshold, that is the minimum value of goods below which customs do not charge duties and taxes, equal to 50 USD. This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). In addition, this applies only to postal shipments and to a maximum of 12 shipments per year.
Coverage Horizontal

ARGENTINA

Since December 2006, last amended in August 2023

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 on Portable Electric Energy (Ley No. 26.184 sobre Energía Eléctrica Portátil)
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

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, prior authorisation from the Central Bank of Argentina (BCRA) is required to access the foreign exchange market for the payment of imports of certain goods, including cell phones above USD 500 and other electronic products.
Coverage Mobile phones and other electronic products

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 No. 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 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

ARGENTINA

Since November 2015
Since July 2018

Pillar Quantitative trade restrictions for ICT goods 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)
Argentina has established local content percentages in the production process for mobile and cellular radio communication equipment manufacturers 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

Since 1999

Pillar Technical standards applied to ICT goods 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 Organisation (Organismo Argentino de Acreditación, OAA) and recognised by the Government. Testing laboratories must similarly be accredited and recognised. Argentina recognises foreign certification bodies and laboratories if certified 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 standardisation organisations as contained in the ISO/IEC standards (adopted as IRAM standards).
Coverage Electrical products

ARGENTINA

Reported in 2008, last reported in 2023

Pillar Technical standards applied to ICT goods 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 commercialised 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 required as only an Argentine supplier can apply for certification approval from ENACOM.
Coverage WiFi, Bluetooth devices, Cellular equipment, RFID modules, Portable transceivers, Wireless gateways

ARGENTINA

Since March 2019
Since September 2022

Pillar Online sales and transactions  |  Sub-pillar Limits on e-commerce purchases
General Resolution No. 4,450 (Resolución General No. 4,450/2019)

General Resolution No. 5,260/2022 (Resolución General No. 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 yearly.
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

ARGENTINA

Since March 2013, as amended in 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)
According to the provisions of Art. 5 of General Resolution No. 3,550 of the Federal Tax Authority, which amends 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. 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.
The additional charge established in the Resolution No. 3,450 was 20%.
Coverage Electronic payments

ARGENTINA

Since December 2019

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Public Emergency Law No. 27,541 (Ley No. 27.541 de Solidaridad Social y Reactivación Productiva en el Marco de la Emergencia Pública)
Under Art. 35 of Law No. 27,541, an emergency tax that is applied at the national level for five years from the law's effective date is established. This tax applies to the following operations: exchange of foreign currency from financial entities to pay for purchases and services abroad by means of credit cards, debit cards, or similar means of payment, including internet purchases in foreign currency and cash withdrawals or advances, as well as for the payment of services rendered by non-residents in the country, using credit cards, debit cards or any other equivalent means of payment, in the name and on behalf of the client. According to Art. 36, the tax shall be applied to individuals, companies, estates, and other responsible persons resident in the country who carry out any of the operations mentioned in Art. 35. If the operation is carried out through credit, debit or purchase cards, the tax shall apply to holders, users, additional holders and beneficiaries of extensions. The tax shall be determined by applying the rate of 30%, as provided for in Art. 39.
Coverage Electronic payments

ARGENTINA

Since October 2019

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Communication "A" 6823 (Comunicación "A" 6823)
Under 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. Individuals do not need to obtain Central Bank approval if transfers are made from their foreign currency accounts in Argentina to their accounts abroad.
Coverage Electronic payments

ARGENTINA

Since October 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 defines several data protection-related terms and includes 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 primarily based on the EU Data Protection Directive 95/463 and the subsequent local legislation issued by the European countries (mainly Spain).
Coverage Horizontal

Report issue     Report new measure