In a new push against imports, on January 10 2012 the Argentine government issued General Resolution 3252/2012, requiring importers to file an advance import affidavit before the definitive import of any type of goods. The resolution will apply to all types of imports as from February 1 2012.

Under the resolution, importers must file an affidavit (through the tax authority's website) before issuing a purchase order or similar document. The authority will inform importers (through the "My Customs Operations" online application) of any news regarding the status of their petition and, if applicable, the reasons for any objections made and the governmental agencies where importers can remedy those objections. Finally, importers must enter the affidavit number in the authority's María Information System when the goods enter customs clearance. The customs clearance process will be automatically stopped if this number is not entered.

Several issues have been left unanswered by the resolution, including:

  • how long the whole process will take;
  • other agencies that will become involved in the authorisation process;
  • reasons for denying the issuance of an affidavit; and
  • remedies available to the importer in case of denial.

It is expected that these questions will be answered in the near future, through new regulations, before the February 1 2012 launch date.

However, irrespective of the answers to these questions, it is clear that the government now has the power to administer the whole of Argentina's international trade and decide what gets in and what gets stuck at the ports. If applied in the same way as the notorious non-automatic import licensing regime, significant delays in the customs clearance process can be expected.

For further information on this topic please contact Esteban P Rópolo at Baker & McKenzie SC by telephone (+54 11 4310 2200), fax (+54 11 4310 2299) or email ([email protected]).

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