Venetucci & Asociados

San Lorenzo

Venetucci & Asociados is a maritime consultancy and international law firm. Our work is divided in three global sectors: shipping, international trade and commerce, and commodities. Our main objective is to use our knowledge to assist our clients with the diverse challenges they may face, in a timely and cost-effective manner. Our clients range from small companies and individuals to public listed companies.

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Shipping & Transport

New regulation aims to combat spread of Asian and Japanese gypsy moths
Argentina | 14 April 2021

A new regulation has entered into force to combat the risk of Asian and Japanese gypsy moths being transported into Argentina. The new regulation affects vessels which have been to certain regions of concern in the past 24 months. This article outlines the procedure which such vessels must follow before arriving in Argentina.

New regulation makes waves: Coastguard establishes maximum speed for stretch of Parana River
Argentina | 03 March 2021

A new Coastguard regulation has established the maximum speed between km 406 and km 435 of the Parana River. This regulation is the result of pressure from local dinghy sailors and yacht owners which have allegedly suffered damages while moored in this spot. The reported damages were allegedly caused by the waves that vessels produce when travelling at high speeds.

Use of open-loop scrubbers complies with Argentine regulations
Argentina | 29 July 2020

Argentina has not ratified Annex VI of the International Convention for the Prevention of Pollution from Ships and there is no domestic legislation concerning the use of exhaust gas cleaning systems. As a result, there is no prohibition on the use of open-loop scrubbers in territorial seas or internal waterways (eg, when manoeuvring inbound or outbound on the Paraná River or when a vessel is idling or carrying out a loading or discharging operation at a port).

Transport restrictions introduced due to coronavirus outbreak
Argentina | 01 April 2020

Further to a National Cabinet meeting on 16 March 2020, a new regulation was introduced which prohibits entry into Argentina by sea, air or land for 15 calendar days by non-resident foreign nationals; this timeframe may be extended or lifted by the government as deemed appropriate. Given the uncertainty about the duration of these measures, it remains to be seen what effect they will have on the maritime industry.

Bunker supply and VAT
Argentina | 24 April 2019

The question of whether foreign-flagged ships involved in international trade are subject to value added tax (VAT) when supplying bunkers in Argentina is frequently posed. If a vessel is supplied bunkers in one Argentine port and subsequently calls to another Argentine port before proceeding overseas, this is generally considered to be cabotage and is therefore subject to VAT.

It stinks! Ships forced to discharge waste in Argentine ports
Argentina | 21 November 2018

Local authorities have increasingly exercised their power to enforce local regulations concerning waste disposal and broadened the responsibility of vessels in this regard. It has become common practice for local authorities to request the compulsory discharge of waste from vessels, even if this action appears to go against commonly accepted international law that is binding in Argentina.

Pest control certificates – overview of current legislation
Argentina | 25 July 2018

Ships calling at ports on the Parana river are increasingly being asked to submit a pest control certificate to the Health Authority. Failure to comply with this request could require the ship to be fumigated. However, this can be avoided if a ship can prove that it has been fumigated by a competent authority or if it has been exempted from such operation in the past six months and obtained a certificate from the health authorities of a port officially authorised for this purpose.

New holds inspection regulation causes uncertainty and disappointment
Argentina | 14 March 2018

Under the new Regulation 693-E/2017, the system for checking the cargo-worthiness of holds and tanks of ships and barges for the export of grains and their products and by-products will be compulsorily applied to all ships. In terms of compliance, ships that meet industrial standards should face no major issues and any attempt from surveyors or inspectors to reject such a ship could be challenged.

Ballast water saga: regulation requiring chlorination causes confusion
Argentina | 12 July 2017

The Ministry of Environment and Sustainable Development recently issued Regulation 85-E/2017, under which vessels calling at Argentine ports must apply a chlorination process to their ballast water tanks to prevent the introduction of invasive aquatic species. However, the regulation posits only that chlorination must be done on arrival and does not clarify whether it should be conducted by the crew or a local entity. This has resulted in several operational issues.

New regulation on ballast water treatment
Argentina | 08 March 2017

The Ministry of Environment and Sustainable Development recently issued a new regulation addressing ballast water treatment for vessels arriving from foreign ports. Pursuant to Regulation 85-E/2017, vessels calling at Argentine ports must apply a chlorination process to their ballast tanks as a measure to prevent the introduction of invasive aquatic species that could affect river ecosystems in Argentina.

New regulation introduced regarding safe under keel clearance
Argentina | 26 October 2016

A new regulation was recently introduced to update rules governing safe under keel clearance for vessels navigating the Parana River. Further improvements are expected based on safety concerns, as the regulation is the result of friction between the pilotage industry and the government over the latter's aim to reduce pilots' fees. The regulation has been enacted for a limited time and invites all parties involved to suggest further amendments.

Insight into holds inspection system
Argentina | 27 July 2016

The majority of bulk carriers calling at Argentine ports must clean their holds after discharging and before loading the next cargo. Government inspection is compulsory and inspectors must board all vessels loading grain in Argentina. Unfortunately, inspections have generally caused delays for vessels and port terminals and led to circumstances that are similar to the detention of a vessel.

Seafarers facing long-term migration issues after calling at Argentine ports
Argentina | 13 April 2016

Many companies allow seafarers to sail with their family on board, and these are considered passengers under Argentine legislation. An issue arises when a vessel is in transit and the master receives instructions to proceed to a port which requires an entry visa for passengers, but not crew. This situation may result in undesirable circumstances for seafarers and their family members.

New Civil and Commercial Code – the shipping and transport perspective
Argentina | 02 September 2015

A new Civil and Commercial Code recently entered into force. It makes improvements to Argentina's legal framework, but is not so straightforward from a transport and shipping law perspective. The code tackles contractual issues only. Any other liability raised by a non-contractual source will remain exclusively governed by the Navigation Act and corresponding international treaties.

Should the use of tugs be compulsory for berthing at San Lorenzo?
Argentina | 24 June 2015

The use of tugs is not compulsory for berthing or unberthing at San Lorenzo port. However, most instances of vessels running aground occur at this port. When grounding occurs, the navigation channel may be closed, delaying vessels that are queuing to load. Given the increase in vessels calling at San Lorenzo, it is expected that the Maritime Authority will review existing legislation in that regard.

Maritime Labour Convention set to come into force
Argentina | 29 April 2015

The Maritime Labour Convention 2006 is set to come into force in Argentina in May – 12 months after its ratification. It will add a new component to existing legislation in the sector. The convention entered into force in 2013 and consolidates existing International Labour Organisation conventions. Further, it constitutes one of the main international maritime instruments.