September 4, 2019 Argentina implements foreign exchange control regulations Taxpayers should review the new foreign exchange control regulations as they provide many new rules for exports and imports of goods and services, dividends and the cancellation of interest and debts. In many cases, prior authorization from the Argentine Central Bank (BCRA) may be necessary. On September 1, 2019, the BCRA issued Communique A 6,770, which establishes various rules for exports of goods and services, imports of goods and services, foreign assets, nonresident operations, financial debt, debts between residents, profits and dividends, and information systems. The Communique responds to the publication of Argentina's Decree 609/2019 (the Decree) in the Official Gazette. The Decree implements foreign exchange regulations, which will be in effect until December 31, 2019. The Decree establishes the obligation to convert into Argentine pesos (ARS) in the local financial system, the value of goods and services exported, in accordance with the conditions and terms to be established by the BCRA. The Decree also clarifies that the BCRA is authorized to establish regulations to prevent practices and operations that seek to circumvent the foreign exchange provisions through the use of public securities or other instruments. Exports of goods For operations with related parties and/or exports of certain goods, the Communique establishes that exporters have 15 days, counted from the time the export takes place, to enter and settle the proceeds from the exports (i.e., convert the proceeds from the exports into Argentine pesos) in the foreign exchange market. For other transactions, exporters have 180 days, counted from the export date, to enter and settle the proceeds from the exports. Regardless of those deadlines, an exporter that collects the proceeds from an export before 15 days or 180 days must enter and settle the foreign currencies within five business days from the collection date. These rules apply to exports registered from September 2, 2019. For proceeds of exports registered before September 2, 2019, that are pending collection, as well as advances for exports and pre-financing of exports, the exporter must enter and settle those proceeds within five business days from the collection or disbursement of the funds abroad or in Argentina. Exports of services The Communique requires exporters to enter and settle in the local market the foreign currency resulting from their exports of services within five business days from the collection in the country or abroad, or the deposit of the amounts in foreign bank accounts. Imports of goods and services The Communique requires a prior authorization from the BCRA for the pre-cancelation of debts corresponding to imports of goods and services. For overdue or on-demand debts for the importation of goods with related companies abroad, the importer must request authorization from the BCRA if the debts exceed USD 2 million per month. A BCRA authorization also is required for payments of services with related parties abroad. Foreign assets Prior authorization from the BCRA is required for the "constitution of foreign assets" (e.g., purchase of foreign currency, among others) by legal entities, local governments, mutual funds, trusts and other vehicles. Additionally, individuals must request authorization from the BCRA for the "constitution of foreign assets," family aid and the granting of guarantees in derivative transactions, when those items exceed USD 10,000 in the calendar month. Nonresident operations Nonresidents must obtain prior authorization from the BCRA to access the foreign exchange market for amounts greater than USD 1,000 per month. Financial debts Borrowers must enter and settle in the foreign exchange market new financial debts from abroad that are disbursed from September 1, 2019. Compliance with this requirement must be proved to access the foreign exchange market and cancel the principal and interest. Debts between residents The Communique prohibits access to the exchange market for the payment of debts and other obligations in foreign currency between residents if the debts and other obligations were agreed to as of September 1, 2019. If the debts had been implemented by means of public records or deeds as of August 30, 2019, access to the foreign exchange market will be granted upon maturity. Profits and dividends The Communique requires companies to obtain prior authorization from the BCRA before transferring profits and dividends abroad. Information system In all cases, access to the foreign exchange market for the payment of financial or commercial debts will be granted to the extent that such debts were declared in accordance with the BCRA's Information Regime established through Communication "A" 6401. Companies should therefore review the proper compliance with this information regime to ensure the required conditions to access the foreign exchange market are met. Implications Companies doing business in Argentina and multinational groups interested in the Argentine market should evaluate these temporary foreign exchange regulations and monitor the developments related to the foreign exchange market. ———————————————
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