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All Rights Reserved. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Foreign private entities can establish and own business enterprises and engage in all forms of remunerative activity in nearly all sectors. Full foreign equity ownership of Argentine businesses is not restricted, for the most part, with exception in the air transportation and media industries. The share of foreign capital in companies that provide commercial passenger transportation within the Argentine territory is limited to 49 percent per the Aeronautic Code Law 17, The company must be incorporated according to Argentine law and domiciled in Buenos Aires.
In the media sector, Law 25, establishes a limit on foreign ownership in television, radio, newspapers, journals, magazines, and publishing companies to 30 percent. Law 26, Regime for Protection of National Domain over Ownership, Possession or Tenure of Rural Land establishes that a foreigner cannot own land that allows for the extension of existing bodies of water or that are located near a Border Security Zone.
Foreign individuals or foreign company ownership is limited to 1, hectares 2, acres in the most productive farming areas. In June , the Government of Argentina issued Decree easing the requirements for foreign land ownership by changing the percentage that defines foreign ownership of a person or company, raising it from 25 percent to 51 percent of the social capital of a legal entity.
Waivers are not available. Argentina does not maintain an investment screening mechanism for inbound foreign investment. The capital controls and increases in taxes on exports and imports the Argentine government instituted at the end of have generated uncertainty in the business climate.
The VUCE centralizes the administration of all required paperwork for the import, export, and transit of goods e. The SIMI system requires importers to submit detailed information electronically about goods to be imported into Argentina. Once the information is submitted, the relevant Argentine government agencies can review the application through the VUCE and make any observations or request additional information.
The list of products subject to non-automatic licensing has been modified several times since the beginning of the SIMI system. In January , the government moved tariff lines from the automatic import licensing system to the non-automatic import licensing system. Foreign investors seeking to set up business operations in Argentina follow the same procedures as domestic entities without prior approval and under the same conditions as local investors.
To open a local branch of a foreign company in Argentina, the parent company must be legally registered in Argentina. Argentine law requires at least two equity holders, with the minority equity holder maintaining at least a five percent interest. Companies can register with AFIP online at www. The company must register and certify its accounting of wages and salaries with the Secretariat of Labor, within the Ministry of Labor, Employment, and Social Security.
The Ministry of Productive Development offers attendance-based courses and online training for businesses. Argentina does not have any restrictions regarding domestic entities investing overseas, nor does it incentivize outward investment. During and the first quarter of , Argentina continued discussions to strengthen bilateral commercial, economic, and investment cooperation with a number of countries, including China, Canada, Denmark, India, Japan, Singapore, Spain, South Korea, Russia, Vietnam, and the United States.
Bilateral talks are ongoing through both mechanisms. Argentina has not ratified either agreement. Argentina also has an economic association agreement with Colombia signed in June This deal includes trade facilitation regulation and development programs directed to supporting SMEs, and adds chapters on e-commerce, trade in services, and government procurement.
Argentina does not have a bilateral taxation treaty with the United States. In December , Argentina signed a Tax Information Exchange Agreement with the United States, which increases the transparency of commercial transactions between the two countries to aid with combating tax and customs fraud. The Agreement entered into force on November 13, In , Argentina committed to implementing the OECD single global standard on automatic exchange of financial information.
Argentina has signed 18 double taxation treaties, including with Germany, Canada, Russia, Switzerland, and the United Kingdom. In July , Argentina updated a prior agreement with Brazil, which took effect in July Argentina also has customs agreements with numerous countries. In general, national taxation rules do not discriminate against foreigners or foreign firms e.
The Secretary of Strategic Affairs under the Cabinet is in charge of transparency policies and the digitalization of bureaucratic processes as of December Argentine government authorities and a number of quasi-independent regulatory entities can issue regulations and norms within their mandates.
There are no informal regulatory processes managed by non-governmental organizations or private sector associations. Rulemaking has traditionally been a top-down process in Argentina, unlike in the United States where industry organizations often lead in the development of standards and technical regulations. The Constitution establishes a procedure that allows for citizens to draft or propose legislation, which is subject to Congressional and Executive approval before being passed into law.
Ministries, regulatory agencies, and Congress are not obligated to provide a list of anticipated regulatory changes or proposals, share draft regulations with the public, or establish a timeline for public comment. They are also not required to conduct impact assessments of the proposed legislation and regulations. Interested stakeholders can pursue judicial review of regulatory decisions. In September , Argentina enacted a Right to Access Public Information Law 27, that mandates all three governmental branches legislative, judicial, and executive , political parties, universities, and unions that receive public funding are to provide non-classified information at the request of any citizen.
During , the government introduced new procurement standards including electronic procurement, formalization of procedures for costing-out projects, and transparent processes to renegotiate debts to suppliers. The government also introduced OECD recommendations on corporate governance for state-owned enterprises to promote transparency and accountability during the procurement process. The decree establishes an Anti-Corruption Office in charge of outlining and monitoring the transparency policies with which companies must comply to be eligible for public procurement.
Under the bilateral Commercial Dialogue, Argentina and the United States discuss good regulatory practices, conducting regulatory impact analyses, and improving the incorporation of public consultations in the regulatory process. Similarly, under the bilateral Digital Economy Working Group, Argentina and the United States shared best practices on promoting competition, spectrum management policy, and broadband investment and wireless infrastructure development.
The Argentine government has sought to increase public consultation in the rulemaking process; however, public consultation is non-binding and has been done in an ad-hoc fashion. In , the Government of Argentina issued a series of legal instruments that seek to promote the use of tools to improve the quality of the regulatory framework. The decree introduces tools on ex-ante and ex-post evaluation of regulation, stakeholder engagement, and administrative simplification, amongst others.
Nevertheless, no formal oversight mechanism has been established to supervise the use of these tools across the line of ministries and government agencies, which make implementation difficult and severely limit the potential to adopt a whole-of-government approach to regulatory policy, according to a OECD publication on Regulatory Policy in Argentina.
Some ministries and agencies developed their own processes for public consultation by publishing drafts on their websites, directly distributing the draft to interested stakeholders for feedback, or holding public hearings. The Fernandez government has begun developing its own justice sector reform proposals. Once any of the decision-making bodies within MERCOSUR agrees on applying a certain regulation, each of the member countries has to incorporate it into its legislation according to its own legislative procedures.
Argentina participates in all 23 OECD committees. Argentina follows a Civil Law system. In , the Argentine government passed a new Civil and Commercial Code that has been in effect since August The Civil and Commercial Code provides regulations for civil and commercial liability, including ownership of real and intangible property claims. The current judicial process is lengthy and suffers from significant backlogs.
In the Argentine legal system, appeals may be brought from many rulings of the lower court, including evidentiary decisions, not just final orders, which significantly slows all aspects of the system. The Justice Ministry reported in December that the expanded use of oral processes had reduced the duration of 68 percent of all civil matters to less than two years.
According to the Argentine constitution, the judiciary is a separate and equal branch of government. In practice, there have been instances of political interference in the judicial process. Companies have complained that courts lack transparency and reliability, and that the Argentine government has used the judicial system to pressure the private sector. Media revelations of judicial impropriety and corruption feed public perception and undermine confidence in the judiciary.
Many foreign investors prefer to rely on private or international arbitration when those options are available. Contracts often include clauses designating specific judicial or arbitral recourse for dispute settlement. Foreign investors are free to enter into mergers, acquisitions, greenfield investments, or joint ventures. Foreign firms may also participate in publicly-financed research and development programs on a national treatment basis. Incoming foreign currency must be identified by the participating bank to the Central Bank of Argentina www.
The law aims to promote a culture of competition in all sectors of the national economy. The new law incorporates anti-competitive conduct regulations and a leniency program to facilitate cartel investigation. In September , Argentina amended the National Supply Law to expand the ability of the government to regulate private enterprises by setting minimum and maximum prices and profit margins for goods and services at any stage of economic activity.
Private companies may be subject to fines and temporary closure if the government determines they are not complying with the law. Although the law is still in effect, the U. Government has not received any reports of it being applied since December Section 17 of the Argentine Constitution affirms the right of private property and states that any expropriation must be authorized by law and compensation must be provided. The United States-Argentina BIT states that investments shall not be expropriated or nationalized except for public purposes upon prompt payment of the fair market value in compensation.
Argentina has a history of expropriations under previous administrations. The most recent expropriation occurred in March when the Argentine Congress approved the nationalization of the train and railway system. A number of companies that were privatized during the s under the Menem administration were renationalized under the Kirchner administrations.
Additionally, in October , Argentina nationalized its private pension funds, which amounted to approximately one-third of total GDP, and transferred the funds to the government social security agency. Most of the litigation between the Government of Argentina and Repsol was settled in Argentina is signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards, which the country ratified in There is neither specific domestic legislation providing for enforcement under the New York Convention nor legislation for the enforcement of awards under the ICSID Convention.
Companies that seek recourse through Argentine courts may not simultaneously pursue recourse through international arbitration. The Argentine government officially accepts the principle of international arbitration. Argentina currently has three pending arbitration cases filed against it by U. For more information on the cases brought by U. Local courts cannot enforce arbitral awards issued against the government based on the public policy clause.
There is no history of extrajudicial action against foreign investors. Argentina is also a party to several bilateral and multilateral treaties and conventions for the enforcement and recognition of foreign judgments, which provide requirements for the enforcement of foreign judgments in Argentina, including:. Alternative dispute resolution ADR mechanisms can be stipulated in contracts. Argentina does not have a specific law governing arbitration, but it has adopted a mediation law Law The following methods of concluding an arbitration agreement are non-binding under Argentine law: electronic communication, fax, oral agreement, and conduct on the part of one party.
Generally, all commercial matters are subject to arbitration. There are no legal restrictions on the identity and professional qualifications of arbitrators. Parties must be represented in arbitration proceedings in Argentina by attorneys who are licensed to practice locally.
The grounds for annulment of arbitration awards are limited to substantial procedural violations, an ultra petita award award outside the scope of the arbitration agreement , an award rendered after the agreed-upon time limit, and a public order violation that is not yet settled by jurisprudence when related to the merits of the award. On average, it takes around 21 weeks to enforce an arbitration award rendered in Argentina, from filing an application to a writ of execution attaching assets assuming there is no appeal.
It takes roughly 18 weeks to enforce a foreign award. The requirements for the enforcement of foreign judgments are set out in section of the National Procedural Code. No information is available as to whether the domestic courts frequently rule in cases in favor of state-owned enterprises SOE when SOEs are party to a dispute. Under the law, debtors are generally able to begin insolvency proceedings when they are no longer able to pay their debts as they mature.
Debtors may file for both liquidation and reorganization. Creditors may file for insolvency of the debtor for liquidation only. The insolvency framework does not require approval by the creditors for the selection or appointment of the insolvency representative or for the sale of substantial assets of the debtor.
Bankruptcy is not criminalized; however, convictions for fraudulent bankruptcy can carry two to six years of prison time. The database is available for use of financial institutions that comply with legal requirements concerning protection of personal data. This is a drop of 10 places from its ranking of in The report notes that it takes an average of 2.
The Argentine government offers a number of investment prom otion programs at the federal, provincial, and municipal levels to attract investment to specific economic sectors such as capital assets and infrastructure, innovation and technological development, and energy, with no discrimination between national or foreign-owned enterprises. Some of the investment promotion programs require investments within a specific region or locality, industry, or economic activity.
The Investment and International Trade Promotion Agency provides cost-free assessment and information to investors to facilitate operations in the country. The National Fund for the Development of Micro, Small, and Medium Enterprises provides low cost credit to small and medium-sized enterprises for investment projects, labor, capital, and energy efficiency improvement with no distinction between national or foreign-owned enterprises.
Due to the Covid pandemic, the Ministry of Productive Development launched several financial assistance programs for small and medium-sized enterprises SMEs affected by the pandemic. The Ministry of Productive Development supports employment training programs that are frequently free to the participants and do not differentiate based on nationality.
Goods produced within a FTZ generally cannot be shipped to the GCA unless they are capital goods not produced in the rest of the country. The labor, sanitary, ecological, safety, criminal, and financial regulations within FTZs are the same as those that prevail in the GCA.
Foreign firms receive national treatment in FTZs. Merchandise shipped from the GCA to a FTZ may receive export incentive benefits, if applicable, only after the goods are exported from the FTZ to a third country destination. In addition, the government may enact special regulations that exempt products shipped through the SCA but not manufactured therein from all forms of taxation except excise taxes.
The SCA program provides benefits for established companies that meet specific production and employment objectives. The Argentine national government does not have local employment mandates nor does it apply such schemes to senior management or boards of directors. However, certain provincial governments do require employers to hire a certain percentage of their workforce from provincial residents.
There are no excessively onerous visa, residence, work permit, or similar requirements inhibiting mobility of foreign investors and their employees. Under Argentine Law, conditions to invest are equal for national and foreign investors. Argentina suspended its method for expediting this process in early Argentina has local content requirements for specific sectors.
Requirements are applicable to domestic and foreign investors equally. The amount by which the domestic bid may exceed a foreign bid depends on the size of the domestic company making the bid. In May , Argentina issued Law 27,, giving additional priority to Argentine small and medium-sized enterprises and, separately, requiring that foreign companies that win a tender must subcontract domestic companies to cover 20 percent of the value of the work.
The preference applies to procurement by all government agencies, public utilities, and concessionaires. There is similar legislation at the sub-national provincial level. In November , the government passed a public-private partnership PPP law 27, that regulates public-private contracts. The law lowered regulatory barriers to foreign investment in public infrastructure projects with the aim of attracting more foreign direct investment.
Several projects under the PPP initiative have been canceled or put on hold due to an ongoing investigation on corruption in public works projects during the last administration. In July , the Ministry of Production and Labor and the Ministry of Energy and Mining issued Joint Resolutions and , which allow companies to obtain tax benefits on purchases of solar or wind energy equipment for use in investment projects that incorporate at least 60 percent local content in their electromechanical installations.
In cases where local supply is insufficient to reach the 60 percent threshold, the threshold can be reduced to 30 percent. The resolutions also provide tax exemptions for imports of capital and intermediate goods that are not locally produced for use in the investment projects. The tax credits range from 4 percent to 15 percent of the value of the purchased parts.
The resolution also establishes that if the national content drops below the minimum required by the resolution because of relative price changes due to exchange rate fluctuations, automotive manufacturers will not be considered non-compliant with the regime. However, the resolution sets forth that tax benefits will be suspended for the quarter when the drop was registered.
The Media Law, enacted in and amended in , requires companies to produce advertising and publicity materials locally or to include 60 percent local content. The Media Law also establishes a 70 percent local production content requirement for companies with radio licenses. Additionally, the Media Law requires that 50 percent of the news and 30 percent of the music that is broadcast on the radio be of Argentine origin. In the case of private television operators, at least 60 percent of broadcast content must be of Argentine origin.
Of that 60 percent, 30 percent must be local news and 10 to 30 percent must be local independent content. Argentina establishes percentages of local content in the production process for manufacturers of mobile and cellular radio communication equipment operating in Tierra del Fuego province.
The percentage of local content required ranges from 10 percent to percent depending on the process or item. In cases where local supply is insufficient to meet local content requirements, companies may apply for an exemption that is subject to review every six months. Argentina does not have forced localization of content in technology or requirements of data storage in country.
There is no discrimination between domestic and foreign investors in investment incentives. There are no performance requirements. Secured interests in property, including mortgages, are recognized in Argentina. Such interests can be easily and effectively registered. They also can be readily bought and sold. No data is available on the percent of all land that does not have clear title. There are no specific regulations regarding land lease and acquisition of residential and commercial real estate by foreign investors.
Law 26, Regime for Protection of National Domain over Ownership, Possession or Tenure of Rural Land establishes the restrictions of foreign ownership on rural and productive lands, including water bodies. Foreign ownership is also restricted on land located near borders. Legal claims may be brought to evict persons unlawfully occupying real property, even if the property is unoccupied by the lawful owner.
However, these legal proceedings can be quite lengthy, and until the legal proceedings are complete, evicting squatters is problematic. The title and actual conditions of real property interests under consideration should be carefully reviewed before acquisition. Argentine Law Indigenous land claims can be found in the land registry.
The Government of Argentina adheres to some treaties and international agreements on intellectual property IP and belongs to the World Intellectual Property Organization and the World Trade Organization. The Argentine Congress ratified the Uruguay Round agreements, including the provisions on intellectual property, in Law on January 5, The U.
Trading partners on the Priority Watch List present the most significant concerns regarding inadequate or ineffective IP protection or enforcement or actions that otherwise limit market access for persons relying on IP protection. Argentina continues to present long-standing and well-known challenges to intellectual property IP -intensive industries, including those from the United States. A key deficiency in the legal framework for patents is the unduly broad limitations on patent eligible subject matter.
Pursuant to a highly problematic Joint Resolution establishing guidelines for the examination of patents, Argentina rejects patent applications for categories of pharmaceutical inventions that are eligible for patentability in other jurisdictions, including in the United States. Additionally, to be patentable, Argentina requires that processes for the manufacture of active compounds disclosed in a specification be reproducible and applicable on an industrial scale.
These measures have interfered with the ability of companies investing in Argentina to protect their IP and may be inconsistent with international norms. Another ongoing challenge to the innovative agricultural chemical and pharmaceutical sectors is inadequate protection against the unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for products in those sectors.
Finally, Argentina struggles with a substantial backlog of patent applications resulting in long delays for innovators seeking patent protection in the market. Government-wide hiring restrictions that remain in place, going back to a hiring freeze in , have resulted in a limited number of patent examiners. Patent and Trademark Office, which expired in March.
Enforcement of IP rights in Argentina continues to be a challenge, and stakeholders report widespread unfair competition from sellers of counterfeit and pirated goods and services. Argentine police generally do not take ex officio actions, prosecutions can stall and languish in excessive formalities, and, when a criminal case does reach final judgment, criminal infringers rarely receive deterrent sentences.
Hard goods counterfeiting and optical disc piracy are widespread, and online piracy continues to grow due to nearly nonexistent criminal enforcement against such piracy. As a result, IP enforcement online in Argentina consists mainly of right holders trying to convince Argentine Internet service providers to agree to take down specific infringing works, as well as attempting to seek injunctions in civil cases, both of which can be time-consuming and ineffective.
Right holders also cite widespread use of unlicensed software by Argentine private enterprises and the government. Argentina made limited progress in IP protection and enforcement in a year that saw a presidential transition. INPI began accepting electronic filing of patent, trademark, and industrial designs applications in and is working toward transitioning to an all-electronic filing system by Argentina continued to improve procedures for trademarks, with INPI reducing the time for a trademark opposition from an average of 3.
On trademarks, the law provides for a fast track option that reduces the time to register a trademark to four months. The United States welcomes and continues to monitor this change.
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Over the past year, the Argentinian Peso has last A combination of spiraling government debt, political unrest, and the Coronavirus have seen Argentina fall further into recession. The deprecation of the Argentinian Peso came when the government defaulted on their debt for the 9th time — And the country is nearly to the new default maybe.
For Argentina crisis is double. Crisis from outside World crisis and crisis inside the country. Thank you! Nothing to redraw in fact due it seems they are going to default sooner or later for 19th time in history. You can check for yourself in the related idea just a year ago how the country situation has not improved. This is just a Argentina is approaching a new debt default. Target Chile is coming next. External debt near bi. Bullish flag brokeout recently.
Expected to test higher highs. Disclaimer: Published for educational purposes. Dolar Argentina. Compresion de volatilidad demasiado elevadad desde hace varios dias ya. Formacion de banderin chartismo. EUR — Euro. We use the mid-market rate for our Converter. This is for informational purposes only.
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Find the current Argentinian Peso US Dollar rate and access to our ARS USD converter, charts, historical data, news, and more. Find the current US Dollar Argentinian Peso rate and access to our USD ARS converter, charts, historical data, news, and more. Detailed ARS USD forecast as well as a Argentinian Peso US Dollar technical analysis through moving averages, buy/sell signals, and common chart indicators.