Argentina
Answer ... As a consequence of the economic crisis, the Argentine government imposed several trade barriers in order to avoid the outflow of foreign exchange. They include:
- the financial and economic capacity coefficient (CEF);
- the Argentine Republic imports system (SIRA);
- automatic and non-automatic licences; and
- foreign exchange controls.
CEF: The CEF is an equation that assesses each natural or legal person’s financial economic capacity on a monthly basis. This yields a parameter that represents the capacity to carry out certain economics acts, such as imports up to a certain free on board value.
SIRA: This is an advance information system. According to the government, the SAFE Framework of Standards to Secure and Facilitate Global Trade aims to harmonise advance information in order to facilitate trade and strengthen public agencies. SIRA also aims to analyse risks based on prior information to identify, in a preventive manner:
- operators that intend to circumvent customs controls in executing import operations; and
- merchandise whose introduction into the national territory could pose a threat to health, safety or the environment, or breach other prohibitions.
Automatic and non-automatic licences: As a World Trade Organization member, Argentina has established an import licensing system.
Automatic licences are integrated with SIMI and are requested and submitted through the Malvinas System. Applications for non-automatic licences must be processed through a contact request sent via the Federal Administration of Public Income’s information service.
Importers must request a non-automatic import licence for 2,700 out of 10,200 import product categories. These licences mainly apply to consumer goods including textiles, footwear, household electrical appliances, computers and cell phones.
Foreign exchange controls: The executive branch has reinstated the foreign exchange control regime in Argentina. In this sense, it was established that the Central Bank of the Argentine Republic will determine the circumstances in which access to the foreign exchange market for the purchase of foreign currency, precious metals and transfers abroad will require prior authorisation, based on objective guidelines relating to current conditions in the foreign exchange market and distinguishing between the situations of individuals and companies. Importers must thus qualify for precise exceptions set out in the Central Bank’s rules in order to pay for purchases in foreign currency. If there is a slight difference between the import operation and the approved rule, they must request permission from the Central Bank.
Argentina
Answer ... The executive branch, through the Ministry of Economy, enforces the trade remedies regulations through different agencies, such as:
- Customs;
- the secretary of commerce;
- the National Commission of Foreign Trade; and
- the Central Bank
While there is a valid reason for some trade barrier regulations (eg, health and safety), there are many others that have no sound basis. In both cases, the authorities will block the registration of import operations. If there is no valid argument to maintain this blockage, measures can be challenged before the judiciary and importers can sometimes obtain favourable resolutions.
Argentina
Answer ... The authorities, as a factual resolution, can block the registration of import operations. This decision will generally be justified by the economic crisis and the difficulty in obtaining foreign exchange to support both imports and the servicing of foreign debts. Such behaviour can be challenged before the judiciary and importers can sometimes obtain favourable resolutions.
Argentina
Answer ... There is no formal action for doing so. Some producers informally request protection; others argue that a technical rule is needed for specific products, or that the government is directly restricting access to imports and foreign exchange to pay for them.
Argentina
Answer ... There is no legal framework for this procedure; it depends on the political importance of the relevant economic sector.
Argentina
Answer ... If a country imposes barriers on international trade with Argentina, negotiations must take place through the World Trade Organization. Also, if the violated preference falls within the remit of the Southern Common Market (MERCOSUR) or the Latin American Integration Association (ALADI), the claim should be addressed in those forums.
Argentina
Answer ... All of the aforementioned in question 5.1.