The Ministry of Economy and Finance, by Resolution No. 11/2013, has ordered the abolishment of import certificates that importers are required to obtain through the non-automatic import permit procedure. Resolution No. 11/2013 entered into force on 25 January 2013.
In 2004, Argentina established a non-automatic import licensing procedure for certain textile products by requiring importers to obtain a textile import certificate prior to import. The Textile Import Certificate covered products in 29 customs positions at the time of its introduction. Following the Import Certificate for Textile Products, the Import Certificate for Household Goods (CIAH) was established in 2004 and the Import Certificate for Footwear (CIC) and Toys (CIJ) in 2005. The number of import certificates and duties covered increased over time. . At the time of publication of Resolution No. 11/2013, there were 18 import certificates covering products classified into approximately 650 customs positions.
Importers of products subject to import certificates may experience a number of delays between the time the authorities request the issuance of an import certificate and the time it is actually granted, even if all the required information and documents are properly submitted. We were facing excessive delays considering it could take months.
Import certificates have become a central concern for more importers as more products are subject to import certificates and delays increase. Many of them have launched legal claims to seek a solution to this situation.
The court almost unanimously accepted the importer’s argument and granted a precautionary measure that would allow the importer to import the product without the need for an import certificate. However, the Supreme Court recently upheld the legality of non-automatic licensing procedures in the El Brujo case. The Supreme Court held that the WTO’s Agreement on Import Licensing Procedures gives members the right to impose non-automatic licenses to establish import limits, making the requirements for obtaining import certificates difficult to meet. It was deemed that there was.
Despite a review of its legality by the Supreme Court, the government’s decision to abolish import certificates has nothing to do with any change in foreign trade policy, but rather simplifies procedures and improves the pre-affidavit, a key trade tool. It seems that the aim is to make the system more effective overseas. Imported goods (“DJAI”).
As of February 2012, importers are required to electronically submit a DJAI before issuing purchase orders, purchase orders, or similar documents used to arrange overseas purchasing operations. there is. The DJAI System is managed by the Federal Institute of Revenue (“AFIP”) and DJAI is available to all organizations participating in the system. If there is an entity that complies with the DJAI, importers cannot import until they receive approval from the entity that objected to the DJAI. The most active agency in this system is the Ministry of Interior Commerce.
The government considers the DJAI system to be a success and has replicated it in other concepts involving overseas payments. In April 2012, I prepared a Advance Service Affidavit (“DJAS”), which applies to payments for services, and in February of this year, a Foreign Payment Affidavit, which applies to payments for various concepts, such as interest. We have prepared an advance declaration form (“DAPE”). , dividends and some imported products that are not eligible for DJAI.
The import certificate was an additional requirement for the DJAI, as an import certificate cannot be requested until an approved DJAI is obtained. Import certificates required a complex system of administration by the authorities and, from a foreign trade policy perspective, did not offer significant additional benefits over certificates already obtained through the DJAI system. The import certificate implied further delays for importers if the import had already been submitted for approval through DJAI.
Argentina’s foreign trade policy focuses on maintaining trade surpluses to favor the balance of payments and is supported primarily by the DJAI system, which requires prior authorization from the authorities for all Argentine imports. It is expected to continue in the same direction. However, the abolition of import certificates may significantly reduce the import time for products that were subject to such import certificates.
