Ref .: CAP FOR PAYMENT OF IMPORTS WITHOUT THE NEED TO CONTRACT ON PREVIOUS AUTHORIZATION OF THE BCRA
The indicated below according to Com. A 7030 will be in force between 05/29/2020 and 06/30/2020, that is, for 1 month !!!!
The importer who wants to access the MLC to pay for imports by (codes B05, B12, B07, B10, B06) should in principle do an exercise to see if they have access or if they need PRIOR AUTHORIZATION OF THE BCRA.
First, you must consider the amount of all import destinations registered in SEPAIMPO, that is, you must add the value of all official import dispatches with your Cuit from 1/1/2020 and until one day before the day you intend to access the MLC. (attached with information as of 05/28) because this will be the ACCESS TOP VALUE TO THE MLC (remember that Courrier's Simplified Destinations are not registered in SEPAIMPO therefore they do not qualify for the cap)
Then you must add all the expenses for import payments made from 1/1/2020 until the day you want to access the MLC + payments for cancellations of credit lines and / or commercial guarantees for the same period.
The ACCESS TO THE MLC VALUE will be subtracted from the expenses mentioned in the previous paragraph and that will be the value for which you will have access to the MLC by codes B05, B12, B07, B10 and B06 without requesting authorization from the BCRA.
Attention: the rule establishes a small exception, it indicates that the authorization of the BCRA will not be necessary to make payments of imports with pending customs registration (B05, B12, B07, B10) to the extent that the amount pending regularization by the customer for similar payments made as of 01.09.19 does not exceed the equivalent of US$ 250,000 (two hundred and fifty thousand US dollars), including the amount for which access to the exchange market is requested.
Nor will it be necessary to comply with the BCRA's prior compliance requirement in the following cases:
- the public sector,
- the companies that even being constituted as subjects of private law are under the control of the Nation State
- trusts established with contributions from the national public sector,
- legal entities that are responsible for the provision of critical medications to patients when they make advance payments for this type of goods to be paid by Private Request by the beneficiary of said medical coverage,
- the payment of imports with pending customs registration for the purchase of kits for the detection of the coronavirus COVID-19 or other goods whose tariff positions are included in the list disclosed by Decree No. 333/2020 and its complementary ones ,
To access the MLC, the entity will require the importer to present a SWORN DECLARATION stating that the total amount of payments associated with its imports of goods carried out through the exchange market during the year 2020, including the payment whose course is being requested, does not exceed the amount by which the importer would have access to the change when computing the imports of goods that appear in his name in the monitoring system of payments for imports of goods (SEPAIMPO) and that were officialized between 01.01.2020 and the day before the access to the market of changes of imports of the client, clarifying that in the total amount of payments it also computed the payments for cancellations of credit lines and / or commercial guarantees that were made by the entities.
It is worth mentioning that the BCRA will carry out a continuous verification of compliance with the provisions of this point based on the use of the information available regarding the payments of imports of goods carried out by the exchange market and the detail of the import authorizations. included in SEPAIMPO.
REF .: CANCELLATION OF FINANCIAL DEBT BETWEEN LINKED REQUIRES FROM THE 05/29/2020 AND UNTIL 06/30/2020 THE PREVIOUS CONFORMITY OF THE BCRA.
The COM. A 7030 establishes that from 05/29/2020 and until 06/30/2020, the prior consent of the BCRA will be required for access to the exchange market for the cancellation of capital services for financial indebtedness with the exterior when the creditor is a counterparty linked to the debtor.
REF .: CANCELLATION OF FINANCIAL DEBT BETWEEN LINKED REQUIRES FROM THE 05/29/2020 AND UNTIL 06/30/2020 THE PREVIOUS CONFORMITY OF THE BCRA.
The COM. A 7030 establishes that from 05/29/2020 and until 06/30/2020, the prior consent of the BCRA will be required for access to the exchange market for the cancellation of capital services for financial indebtedness with the exterior when the creditor is a counterpart linked to the debtor.
Report sent by Lic. Carmen Carballeiro