Alfaro - Abogados

Alfaro - Abogados ALFARO – ABOGADOS is an international full corporate and finance services law firm headquartered in Buenos Aires, Argentina – see www.alfarolaw.com.

Representative offices in New York and Beijing

Happy International Women's Day
09/03/2021

Happy International Women's Day

24/02/2021

ARGENTINA’S MERGER CONTROL THRESHOLDS HAVE BEEN UPDATED

Via Resolution No. 151/2021 of the Secretariat of Trade, published in the Official Gazette on February 22nd, 2021, Argentina has updated its merger control thresholds. The value of each adjustable unit has been determined in AR$ 55.29.

Accordingly, the following values must be considered:

The mandatory notification is required when the combined aggregate overall domestic turnover (net of discounts, VAT, and any other taxes directly related to the turnover) of the acquiring group (including purchaser and affiliates) and the target business for the preceding fiscal year exceed 100,000,000 adjustable units, that is AR$ 5,529,000,000, which represents approximately USD 58,507,936 at current exchange rates.

The “de mininis” exception threshold has also been updated. A transaction shall be exempt from undergoing merger control if both the amount of the transaction (or the Argentine tranche of the transaction, when applicable) and the value of Argentine assets to be merged, acquired, transferred or controlled, do not exceed, each individually, 20,000,000 adjustable units (that is AR$ 1,105,800,000 which represents approximately USD 11,701,587 at current exchange rates). This will not be applicable when transactions that jointly exceed the aforementioned amount had been executed during the preceding 12 months, nor when transactions that jointly represent an amount equivalent to 60,000,000 adjustable units (that is AR$ 3,317,400,000 which represents approximately USD 35,104,761 at current exchange rates), had been executed in the past 36 months, provided that in both cases the same relevant market is affected.

For further information, you can contact Valentina Macome at [email protected] or
Carlos E. Alfaro at [email protected]

28/05/2020

WHISTLEBLOWING UNDER ARGENTINE LAW
INTERNAL REPORTING CHANNELS

The so-called Corporate Criminal Liability Law (Law) established the need of Compliance Programs for certain interactions with the public sector, as well as their convenience for other cases. Within the components of these Programs, although not mandatory, are the internal reporting channels. The Anti-Corruption Agency has provided certain Guidelines (Guidelines) for the content of Compliance Programs under the Law. Among them, there is a special chapter devoted to these reporting channels.
I. RELEVANCE.
These reporting channels are essential for the Compliance Programs to be effective and credible. It is necessary that the behaviors that are contrary to the ethical rules of the legal entity be detected. It has to be perceived that the organization reacts to them in a firm and fair way.
The internal reporting channel is used by employees or third parties, confidentially or anonymously, to report violations of the Code of Ethics, other compliance policies and/or illegal acts. The internal reporting channel should coexist with the normal channels of communication within the organization.
As it is not a mandatory, the measure of usefulness of an ethics reporting channel is given by different factors, such as, for example, the smaller or greater separation between those who decide inside the organization (owner, employer) and those who execute the decisions (other members). The more complex the internal organization and the greater division of tasks and hierarchies in it, the greater the need to have an ethical reporting channel of communication. Other important factors are also the number of members of the organization, its dispersion and the number of links that are generated with third parties. It must be taken into account, that the best informed about irregular behaviors are usually the employees or, eventually, the suppliers, who could see or hear them, but who, because they do not know who to go to in some cases or for fear of reprisals, remain silent.
The Association of Certified Fraud Examiners (ACFE), which biannually weighs, among other issues, the impact that this reporting channel may have on companies from around the globe, has for more than twelve years consecutively delivered the same statistics: the reporting channel is the main method of detecting fraud and irregular conduct in any organization around the world.
The organizations that have this reporting communication channel considerably reduced the fraud detection time compared to those entities that do not have this tool, while also fulfilling an important deterrence function for the attempt of this type of irregular acts and conduct. When there is an ethics reporting channel in the company, fraud schemes are detected an average of five months earlier than in companies without an ethics conduit line.
Therefore, in some organizations, even without being a legally mandatory element, the reporting channels will be essential to demonstrate the implementation of a Compliance Program that claims to be complete.
II. FEATURES.
A good reporting system must set forth:
• The obligation to internally report violations of the Code of Ethics and illegal or improper acts. For these purposes, conditions must be guaranteed to encourage the reports when due.
• Sufficient protection of the employee who reports misconduct ensuring that there are no reprisals.
• The existence of procedures that formerly pre-establish the correct treatment of the reports and the internal investigation of those that imply serious alarms to the compliance policies.
III. SECURITY.
The channels must be safe. This implies:
• The guarantee to the whistleblower that the information will be kept in strict confidentiality and will only be used for a serious and professional analysis or investigation.
• The admission of anonymous and identity reservation channels. These options must be clearly communicated to the recipients. In the case of identity reservation, it must be clarified under what conditions it will yield (for example, judicial requirements).
IV. CHANNELS.
The reporting channels can be internal and / or external. The larger organizations usually demand more professionalism and independence in the management of the channel and, therefore, a greater tendency to an external solution of first level. In such cases, it is also recommended to establish channels that ensure 24-hour service 365 days a year, with first-level safeguards for information security and the protection of personal data.
The organization can have one or more simultaneous or independent channels such as telephone, web form, application, email, post box, face-to-face channel, etc. Such plurality and variety are desirable especially in the larger organizations.
Although there is no express indication in the Law or other regulations that determine or recommend the hiring of a third party to provide these channels, more and more companies are opting for it to be provided by an independent third party, since it guarantees the confidential handling of the information and anonymity for employees and suppliers.
Existing channels have to be properly communicated and accessible to all employees as well as to third parties and related parties. Where possible, the organization should ensure that whistleblower can follow up their reports. It is advisable to have a written internal policy or regulation that defines the different aspects related to the management of the channel, contemplating the circuit from the reception of the reports to its different treatment options.
V. CHANNEL ADMINISTRATION.
It is advisable that exists:
• Clear and known rules of handling reports. There must be a procedure for receiving and uploading incoming matters as well as a criterion for filing, processing and referral.
• Appropriate registration, management and monitoring of reported matters.
• Security and confidentiality of stored information.
• Processing of the data received in accordance with the personal data protection regulations.
• Classification filters of incoming information that allow standardizing the allocation and re-routing of reported matters.
• Appropriate and expeditious treatment of all matters reported, including the fast dismissal of irrelevant or malicious and the re-sending of those that, without constituting an ethical breach, have some internal relevance.
• Provision for an independent third party to deal with reports against the person responsible for integrity, the board, the members of the Ethics Committee or some other high authority, or a special procedure for these cases.
• Use of channel information for reports, statistics and analysis of the performance of the Program.
These recommendations can be relaxed in smaller organizations where employees have direct access to the employer or owner or directors. In any case, the alternative to be chosen must be consistent with the risks.
VI. ADDITIONAL SUGGESTIONS.
The Anti-Corruption Agency Guidelines offer some additional suggestions that may be useful to increase the effectiveness of the reporting system:
• Communicate that complaints made in bad faith will not be tolerated and that appropriate measures will be taken in such cases.
• Adopt strong sanctions against anyone who violates the anti-retaliation policy of the organization.
• Measure the effectiveness of the complaints line (for example, through satisfaction surveys, analysis of statistics produced by the channel).
• The frequency of reports outside the channel when there is a clearly established one can be indicative of its lack of effectiveness.
• Disclose the statistics regarding the reporting channel, preserving confidentiality at all times.
VII. CORROBORATION QUESTIONNAIRE.
The Guidelines also propose the following corroboration questionnaire regarding the implementation of the reporting channels:
1.1. Does the organization establish for its members the obligation to internally report corruption and violations of the Code of Ethics?
1.2. Does the organization provide one or more channels to make these reports?
2.1. Is the channel accessible to all the members of the organization and third parties?
2.2. Is it properly spread?
2.3. Is there evidence that the public to which it is intended knows about its existence?
3.1. Do channels allow reporting through multiple or alternative platforms?
3.2. Is it possible to report confidentially?
3.3. Is anonymous reporting enabled?
3.4. Is identity reservation enabled?
3.5. Is the existence of these options clearly communicated before the reports are made?
4.1. What security measures are established for the protection of confidentiality and the security of the data stored in the reporting system?
5.1. Is the ethics line internally managed or outsourced?
5.2. Based on what criteria was the alternative chosen?
5.3. Are enough resources dedicated to serving it?
5.4. Are the training and professionalism of the persons in charge of the channel assured?
5.5. Who is internally responsible for following up and investigating a complaint?
6.1. Are there written rules for receiving and handling the reports?
6.2. Are they sufficiently clear and comprehensive?
6.3. Does the integrity officer have access to all the reports that are made through the channel?
7.1. Is there a mechanism to ensure that an independent analysis is carried out of those reports that contain allegations regarding the possible responsibility of the senior managerial or managerial authorities or the responsible / integrity committee itself?
8.1. Are statistics produced based on the reports? Is there a periodic control made of these statistics?
8.2. Are the statistics a fact taken into account in the actions of monitoring and continuous improvement of the program? How?

For further references, you may contact Laura LaFuente at [email protected]

28/05/2020

COVID-19 BREAKING NEWS
WEEK OF 05.11 TO 05.15
Summary of main regulations related to COVID-19

MANDATORY ISOLATION
The social mandatory isolation was extended until May, 24th. The decision was established by Decree No. 459/2020:

I) Workers at the National Public Sector. Those who are not reached by the exceptions established by article 6 of Decree 297/20, must comply with the required isolation.

II) In those Department or Regions up to 500.000 habitats, Provincial Governments may authorize industrial, service and commercial activities, for that, a previous approval of the Health Authority, the implementation of the operating protocol activity, and compliance with the epidemiological and health conditions are required. Some of those conditions are: “the time of increasing cases must not be less than 15 days and the Department must not be considered as a place with virus transmission.

III) In the Departments or Regions with more than 500.000 inhabitants, Provincial Governors may authorize industrial, service or commercial activities. In order to apply the authorizations, it is required to comply with the same requirements and procedures mentioned in paragraph II).

IV) In those Departments or Regions with more than 500.000 inhabitants or those belonging to a particular urban concentration which has more than the above-mentioned number and do not integrate the called AMBA (Metropolitan Area of Buenos Aires), Governors may authorize industrial, service and commercial activities. A previous approval of the Health Authority, the implementation of the indicated protocol, and compliance with health and epidemiological conditions are required. The most important conditions is that the time of increasing cases must not be less than 25 days. Finally, employers have to provide transportation for their workers, avoiding the use of public transport.

V) In the Metropolitan Area of Buenos Aires, the Government of Buenos Aires Province and the Head of Buenos Aires City Government have the power to require new exceptions from the compulsory isolation, it is required to have the previous authorization of the Health authority and to indicate the implementing protocol for the activity. The Chief of Ministers could authorize the request, excluding some geographical areas considering the epidemiological situation of the places. Employers have to provide transportation for their workers, avoiding the use of public transport.

VI) Prohibitions in the whole country:
· Classes attendance, in all levels and modalities
· Any kind of public or private event, which involve people attendance
· Malls, cinemas, theaters, libraries, museums, restaurants, bars, gymnasiums, sport clubs and any other public or private place involving people concurrence.
· Touristic activities, parks, squares and similar.

VII) Public transportation, which is an important a focal point for the virus transmission, will be available only for people performing essential activities established by article No. 6 of Decree 297/90.

VIII) Workers older than 60 years, pregnant, people included in risk groups, or those who have to stay in home to take care of children or youngster are exempt from going to work.

ADMINISTRATIVE PROCEDURES
The suspension of administrative terms was extended until May 24th, as established by Decree No. 298/2020. It was exempt from the suspension the administrative procedures related to the so declared Emergency.
https://www.boletinoficial.gob.ar/detalleAviso/primera/228960/20200511

PUBLIC TRANSPORTATION
Automobile and rail public transportation service will return to the usual schedule and frequencies. It will be required the implementation of measures to avoid people concentration at railway stations or bus terminals.
https://www.boletinoficial.gob.ar/detalleAviso/primera/228985/20200511

TOURISM
As a consequence of the pandemic, Tourism and Sport Ministry authorized Travel Agents to operate virtually through a “virtual shop” with the web subdomain “.TUR.AR”, for public attention. Agents operating virtually should not have a physical store. The measure will apply until December 31th.
https://www.boletinoficial.gob.ar/detalleAviso/primera/228990/20200511

INTERNAL TRADE DEPARTMENT
The Internal Trade Department decided to extend until May 24th, inclusive, the suspension of:
I) Proceeding and administrative terms of in-process files related to Metrology, Commercial Loyalty, Protection of Competition, Conflict Resolutions in consumer relations.
II) Hearings in the area of pre-judicial settlements about consumer relations.
III) Terms, proceedings, and hearings framed within the National Consumer Arbitration System.
https://www.boletinoficial.gob.ar/detalleAviso/primera/229284/20200514

SUPREME COURT OF JUSTICE
It was extended the extraordinary judicial recess until May 24th inclusive. The decision was established by Judicial Order No. 14/20.

During the judicial recess, the Supreme Court of Justice will be working with all of its members d court clerks. Courts on duty during the judicial recess will keep the schedule for public attention from Monday to Friday from 9:30 AM until 13:30 PM. On the other hand, in order to address as many judicial cases as possible, the Supreme Court ordered to Federal and National Courts in charge of each jurisdiction the appointment of recess authorities for the attendance of the cases, always considering the particularities of each jurisdiction and preserving the public health. Finally, the Order prioritizes the use of digital tools for the filing of procedures, allowing remote processing and the use of digital and electronic signature.
https://www.boletinoficial.gob.ar/detalleAviso/primera/229305/20200514

By clicking on the citations above mentioned you will be sent to a Spanish official speaking document.
If you would like to receive and English version, you may request by email to [email protected]

PUBLIC ASSETS
Due to the Argentina ‘s economic crisis caused by the Covid-19, the Administration Agency of Public Assets, which is in charge of real estate activity, decided to suspend transitorily the payment of the fees for the sale of public properties allocated for homes. The suspension does not involve any kind of sanction, fine or interests for debtor acquires of the fees.

MANDATORY ISOLATION
The social mandatory isolation was extended until May, 24th. The decision was established by Decree No. 459/2020:

IX) Workers at the National Public Sector not reached by the exceptions established by article 6 of Decree 297/20, must comply with the required isolation.

X) In those Departmentos and Partidos up to 500.000 habitants, Provincial Governs may authorize industrial, service and commercial activities, for that, a previous approval of the Health Authority, the implementation of the operating protocol activity, and compliance with the epidemiological and health conditions are required. Some of those conditions are: “the time of increasing cases must not be less than 15 days and the Department must not be considered as a place with virus transmission.

XI) In the Departments or Regions with more than 500.000 inhabitants, Provincial Governors may authorize industrial, service or commercial activities. In order to apply the authorizations, it is required to comply with the same requirements and procedures mentioned in paragraph II).

XII) In those Departmentos or Partidos with more than 500.000 inhabitants or those belonging to a particular urban concentration which has more than the above-mentioned number and do not integrate the called AMBA (Metropolitan Area of Buenos Aires), Governors may authorize industrial, service and commercial activities. A previous approval of the Health Authority, the implementation of the indicated protocol, and compliance with health and epidemiological conditions are required. The most important conditions is that the time of increasing cases must not be less than 25 days. Finally, employers have to provide transportation for their workers, avoiding the use of public transport.

XIII) In the Metropolitan Area of Buenos Aires, the Government of Buenos Aires Province and the Head of Buenos Aires City Government have the power to require new exceptions from the compulsory isolation, it is required to have the previous authorization of the Health authority and to indicate the implementing protocol for the activity. The Chief of Ministers could authorize the request, excluding some geographical areas considering the epidemiological situation of the places. Employers have to provide transportation for their workers, avoiding the use of public transport.

XIV) Prohibitions in the whole country:
· Classes attendance, in all levels and modalities
· Any kind of public or private event, which involve people attendance
· Malls, cinemas, theaters, libraries, museums, restaurants, bars, gymnasiums, sport clubs and any other public or private place involving people concurrence.
· Touristic activities, parks, squares and similar.

XV) Public transportation, which is an important a focal point for the virus transmission, will be available only for people performing essential activities established by article No. 6 of Decree 297/90.

XVI) Workers older than 60 years, pregnant, people included in risk groups, or those who have to stay in home to take care of children or youngster are exempt from going to work

28/05/2020

CHINA AND THE NEW WORLD ORDER

China and Chinese companies could play a positive role in a new world order. Due to the size of China’s economy, its success will be instrumental in revitalizing the global economy as a whole – and with the virus under control, China appears well-positioned to accomplish just that.

Despite the contraction in China’s economy during the first quarter of 2020, the IMF still projects the economy to grow by 1.2 percent for this year. For 2021, the IMF predicts China’s economy will grow by 9.2 percent, leading all major economies.

China unveiled its 2020 economic policy plans on May 21, 2020 and approved a 4 trillion yuan ($562 billion) stimulus package in the wake of the global financial crisis. Connectivity through infrastructure and technology are the main features of the program.

The stimulus package will be focused on developing “new infrastructure”, such as 5G networks, NEV charging stations, energy efficiency programs, and other initiatives that will help build China’s economy of the future. If China’s stimulus policies are effective, they will not only stabilize the economy in the short-term but help transition the country towards a high-tech and service-driven economy to set the stage for the coming decade.

In contrast to this promising future for China, economists predict most major economies to contract in 2020. Although the US has already pumped massive amounts of money into stabilizing the economy, such as a US$2.3 trillion financing package, the IMF projects the US to contract by 5.9 percent in 2020 and grow by 4.7 percent in 2021.

For Latin America, China is an important economic development partner. Latin America is a region rich in mining products, agricultural industries, and a market of more than 600 million people. Latin America has become one of the main destinations for China's foreign investments. China is Latin America's second-biggest trading partner with a trade volume of $307.4 billion in 2018, up 18.9 percent year-on-year. Chinese companies are helping build some mega-infrastructure projects including roads, railways and power plants in Latin America. The region is also seeing a growing demand for high-tech Chinese products, electrical and mechanical equipment. But most important the access to capital investment and financing by China could play the difference.

One probably reason for Latin America to look to China for solutions is that western institutions (i.e. IMF) have played a controversial role in the debt burden and lack of development of many countries in Latin America (like Argentina and Ecuador) by recommending that governments implement extreme austerity measures to boost the economy divorced from the social structure of the country. These austerity measures, in many cases, created hardship, by reducing budgets in infrastructure development, education and health care for the only purposes of enhancing it financials by paying debt and bank interests rather than growing its economies and improving people's lives and livelihoods.

By contrast, Chinese investors and lenders have not interfered in Latin American countries' internal economic and political affairs or the foreign debt (they are not holders of public debt bonds). As a result, Chinese funding can be used to growth and development in Latin America. The improvements in infrastructure in the region, thanks to China's efforts, will make life easier for the more than 600 million people, a substantial percentage of whom are young.

The Belt and Road Initiative place emphasis in “connectivity”, the basis needed to intensify trade and investments exchanges between China and Latin America and reduce the distribution costs of goods and services. The UK played a similar connectivity role when Latin American countries became independent from Spain (railways, ports, shipping, telegraph).

China has largely contained the novel coronavirus outbreak at home, and Chinese companies have ramped up production of medical products, which can be sent to other countries so as to help them fight the outbreak. Actually, China has sent medical supplies to more than 150 countries, with Latin American countries such as Argentina, Brazil, Peru and Ecuador welcoming China's generous contribution, which includes ventilators, test kits, face masks and gloves, to contain the coronavirus pandemic. This generosity will pay off in the future.

One of the consequences of the pandemic is that China could play an even bigger role in world affairs. China and Latin America will be natural partners. A China – Latin American cooperation agreement could become the “new normal” because of China’s financing, innovation and technological capability and Latin America because of its natural resources and fast developing market.

20/05/2020

YPF: IMPORTANT MANAGEMENT CHANGES

Sergio Affronti the new CEO of YPF introduced important changes in the company’s management team. He carefully selected officers with an extensive prior experience and also repatriated ex-YPF managers.

The YPF new management structure of the state-owned oil company seems to be oriented at recovering the original mantra of YPF as a fully integrated company from upstream to downstream.

Affronti faced the renewal of the Executive Management Committee with the mission of recovering the roots of YPF, with a new federal view of the company.

In this plan, he appointed as Downstream Executive Vice President, a logistics manager with more than 23 years of experience at YPF and he split the Executive Vice President position of Upstream for conventional and non-conventional:

a) In conventional Upstream he appointed an oil engineer, Gustavo Astie, with 15 years of experience in the company.
b) Pablo Iuliano, a former YPF who was manager of the Non-Conventional area of YPF during the management of Miguel Galuccio, assumes non conventional Upstream. Iuliano will move to Neuquén, where he will face the Vaca Mu**ta challenge up close.

Iuliano is remembered for creating an ambitious energy plan for Argentina, the largest in Latin America.

Affronti's changes continue with the departure of Executive Vice President Gas and Energy, Marcos Miguel Browne, who served in that position since March 2016, with the arrival of Cambiemos. His place will be occupied by Martínez Tanoira, with functions in the oil company since 1998.

The renovation is completed with the departure of Sergio Giorgi, VP of Investments and New Businesses and with the arrival in that position of Marcos Sabelli, executive leader of Transformation at YPF.

They will all collaborate with CEO Affronti, the President of YPF Guillermo Nielsen and the Manager of Investor Relations, Ignacio Rostagno.

The YPF leadership held a meeting with investors, to whom they presented the balance of the first quarter of the year and some future projections. According to members of the oil company, Affronti confirmed the return of the Creole barrel to $45, highlighted the creation of the Covid-19 Committee to meet the health needs of workers and revealed negotiations with banks to refinance debts and sustain "the box" of the company

20/05/2020

COVID-19 BREAKING NEWS
WEEK OF 05.11 TO 05.15
Summary of main regulations related to COVID-19

MANDATORY ISOLATION
The social mandatory isolation was extended until May, 24th. The decision was established by Decree No. 459/2020:

I) Workers at the National Public Sector. Those who are not reached by the exceptions established by article 6 of Decree 297/20, must comply with the required isolation.

II) In those Department or Regions up to 500.000 habitats, Provincial Governments may authorize industrial, service and commercial activities, for that, a previous approval of the Health Authority, the implementation of the operating protocol activity, and compliance with the epidemiological and health conditions are required. Some of those conditions are: “the time of increasing cases must not be less than 15 days and the Department must not be considered as a place with virus transmission.

III) In the Departments or Regions with more than 500.000 inhabitants, Provincial Governors may authorize industrial, service or commercial activities. In order to apply the authorizations, it is required to comply with the same requirements and procedures mentioned in paragraph II).

IV) In those Departments or Regions with more than 500.000 inhabitants or those belonging to a particular urban concentration which has more than the above-mentioned number and do not integrate the called AMBA (Metropolitan Area of Buenos Aires), Governors may authorize industrial, service and commercial activities. A previous approval of the Health Authority, the implementation of the indicated protocol, and compliance with health and epidemiological conditions are required. The most important conditions is that the time of increasing cases must not be less than 25 days. Finally, employers have to provide transportation for their workers, avoiding the use of public transport.

V) In the Metropolitan Area of Buenos Aires, the Government of Buenos Aires Province and the Head of Buenos Aires City Government have the power to require new exceptions from the compulsory isolation, it is required to have the previous authorization of the Health authority and to indicate the implementing protocol for the activity. The Chief of Ministers could authorize the request, excluding some geographical areas considering the epidemiological situation of the places. Employers have to provide transportation for their workers, avoiding the use of public transport.

VI) Prohibitions in the whole country:
· Classes attendance, in all levels and modalities
· Any kind of public or private event, which involve people attendance
· Malls, cinemas, theaters, libraries, museums, restaurants, bars, gymnasiums, sport clubs and any other public or private place involving people concurrence.
· Touristic activities, parks, squares and similar.

VII) Public transportation, which is an important a focal point for the virus transmission, will be available only for people performing essential activities established by article No. 6 of Decree 297/90.

VIII) Workers older than 60 years, pregnant, people included in risk groups, or those who have to stay in home to take care of children or youngster are exempt from going to work.

ADMINISTRATIVE PROCEDURES
The suspension of administrative terms was extended until May 24th, as established by Decree No. 298/2020. It was exempt from the suspension the administrative procedures related to the so declared Emergency.
https://www.boletinoficial.gob.ar/detalleAviso/primera/228960/20200511

PUBLIC TRANSPORTATION
Automobile and rail public transportation service will return to the usual schedule and frequencies. It will be required the implementation of measures to avoid people concentration at railway stations or bus terminals.
https://www.boletinoficial.gob.ar/detalleAviso/primera/228985/20200511

TOURISM
As a consequence of the pandemic, Tourism and Sport Ministry authorized Travel Agents to operate virtually through a “virtual shop” with the web subdomain “.TUR.AR”, for public attention. Agents operating virtually should not have a physical store. The measure will apply until December 31th.
https://www.boletinoficial.gob.ar/detalleAviso/primera/228990/20200511

INTERNAL TRADE DEPARTMENT
The Internal Trade Department decided to extend until May 24th, inclusive, the suspension of:
I) Proceeding and administrative terms of in-process files related to Metrology, Commercial Loyalty, Protection of Competition, Conflict Resolutions in consumer relations.
II) Hearings in the area of pre-judicial settlements about consumer relations.
III) Terms, proceedings, and hearings framed within the National Consumer Arbitration System.
https://www.boletinoficial.gob.ar/detalleAviso/primera/229284/20200514

SUPREME COURT OF JUSTICE
It was extended the extraordinary judicial recess until May 24th inclusive. The decision was established by Judicial Order No. 14/20.

During the judicial recess, the Supreme Court of Justice will be working with all of its members d court clerks. Courts on duty during the judicial recess will keep the schedule for public attention from Monday to Friday from 9:30 AM until 13:30 PM. On the other hand, in order to address as many judicial cases as possible, the Supreme Court ordered to Federal and National Courts in charge of each jurisdiction the appointment of recess authorities for the attendance of the cases, always considering the particularities of each jurisdiction and preserving the public health. Finally, the Order prioritizes the use of digital tools for the filing of procedures, allowing remote processing and the use of digital and electronic signature.
https://www.boletinoficial.gob.ar/detalleAviso/primera/229305/20200514

By clicking on the citations above mentioned you will be sent to a Spanish official speaking document.
If you would like to receive and English version, you may request by email to [email protected]

PUBLIC ASSETS
Due to the Argentina ‘s economic crisis caused by the Covid-19, the Administration Agency of Public Assets, which is in charge of real estate activity, decided to suspend transitorily the payment of the fees for the sale of public properties allocated for homes. The suspension does not involve any kind of sanction, fine or interests for debtor acquires of the fees.

MANDATORY ISOLATION
The social mandatory isolation was extended until May, 24th. The decision was established by Decree No. 459/2020:

IX) Workers at the National Public Sector not reached by the exceptions established by article 6 of Decree 297/20, must comply with the required isolation.

X) In those Departmentos and Partidos up to 500.000 habitants, Provincial Governs may authorize industrial, service and commercial activities, for that, a previous approval of the Health Authority, the implementation of the operating protocol activity, and compliance with the epidemiological and health conditions are required. Some of those conditions are: “the time of increasing cases must not be less than 15 days and the Department must not be considered as a place with virus transmission.

XI) In the Departments or Regions with more than 500.000 inhabitants, Provincial Governors may authorize industrial, service or commercial activities. In order to apply the authorizations, it is required to comply with the same requirements and procedures mentioned in paragraph II).

XII) In those Departmentos or Partidos with more than 500.000 inhabitants or those belonging to a particular urban concentration which has more than the above-mentioned number and do not integrate the called AMBA (Metropolitan Area of Buenos Aires), Governors may authorize industrial, service and commercial activities. A previous approval of the Health Authority, the implementation of the indicated protocol, and compliance with health and epidemiological conditions are required. The most important conditions is that the time of increasing cases must not be less than 25 days. Finally, employers have to provide transportation for their workers, avoiding the use of public transport.

XIII) In the Metropolitan Area of Buenos Aires, the Government of Buenos Aires Province and the Head of Buenos Aires City Government have the power to require new exceptions from the compulsory isolation, it is required to have the previous authorization of the Health authority and to indicate the implementing protocol for the activity. The Chief of Ministers could authorize the request, excluding some geographical areas considering the epidemiological situation of the places. Employers have to provide transportation for their workers, avoiding the use of public transport.

XIV) Prohibitions in the whole country:
· Classes attendance, in all levels and modalities
· Any kind of public or private event, which involve people attendance
· Malls, cinemas, theaters, libraries, museums, restaurants, bars, gymnasiums, sport clubs and any other public or private place involving people concurrence.
· Touristic activities, parks, squares and similar.

XV) Public transportation, which is an important a focal point for the virus transmission, will be available only for people performing essential activities established by article No. 6 of Decree 297/90.

XVI) Workers older than 60 years, pregnant, people included in risk groups, or those who have to stay in home to take care of children or youngster are exempt from going to work.

Dirección

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Buenos Aires
C1001ABR

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About Alfaro-Abogados

ALFARO-ABOGADOS is an industry focused full service law firm that has been formed for the purposes of providing innovative legal solutions to the increasingly complicated transactions of today's global economy: cross-border transactions, mergers and acquisitions, competition and antitrust, project finance, structured global finance, secularization of assets and receivables from different jurisdictions, financial leasing, corporate reorganization affecting subsidiaries in other countries, concessions, regulatory compliance, international construction projects, turnkey projects, distribution agreements, tax planning and establishing strategic alliances, among other international transactions.

The members of ALFARO-ABOGADOS organization have advised and represented multinational corporations in international private transactions as well as in the negotiation of major public projects with Government Agencies. They have also presented papers and given lectures before numerous trade and professional associations in the United States, Europe and South America. Our members are fluent in the languages spoken at the main investors’ countries and most of them have worked and studied in different jurisdictions, achieving the technical and business expertise necessary to understand the industry and the economics of the transaction involved