RESOL-2020-1-APN-SIECYGCE#MDP
City of Buenos Aires, 01/08/2020
HAVING SEEN File No. EX-2020-00493302- -APN-DGD#MPYT, Resolution No. 523 dated July 5, 2017 of the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION and its amendments, and
CONSIDERING:
That, Law No. 24,425 approves the Final Act incorporating the results of the Uruguay Round of Multilateral Trade Negotiations; the ministerial decisions, declarations and understandings and the Marrakesh Agreement, establishing the WORLD TRADE ORGANIZATION (WTO), promulgated by Decree No. 2,279 dated December 23, 1994.
That, among the Agreements contained in Annex 1 A of the Marrakesh Agreement is the AGREEMENT ON PROCEDURES FOR THE PROCESSING OF IMPORT LICENSES, which regulates, among other things, the management of final import destination applications for consumption.
That, by Resolution No. 523 dated July 5, 2017 of the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION and its modifications, a procedure was established for the processing of Automatic and Non-Automatic Import Licenses for merchandise included in all the tariff positions of the Common Nomenclature of MERCOSUR (NCM) with final import destination for consumption.
That the instrumentation of an Import Licensing system, while providing statistical information at general and particular levels that allows identifying disruptive behavior of foreign trade, is a key tool for managing foreign trade policy with a view to national productive development and according to the current context of international trade relations.
That it is necessary to modify Resolution No. 523/17 of the former SECRETARIAT OF COMMERCE and its modifications, with a view to analyzing and monitoring the flow of imports, considering the establishment of deadlines according to close monitoring of trade flows in accordance with the current challenges.
That a series of goods have been identified for which, depending on the current economic situation, it is essential to assess their respective trade flows and degree of compliance with the respective technical standards that are applicable to them, in order to generate information that facilitates the efficient design of public policies to apply.
That attentive to the issuance of the Joint General Resolution No. 4,185 dated January 8, 2018 of the FEDERAL ADMINISTRATION OF PUBLIC INCOME, an autonomous entity within the scope of the former MINISTRY OF FINANCE and the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION, by which the Comprehensive Import Monitoring System (SIMI) was approved, it is appropriate to use the aforementioned system for the management and processing of import licenses.
That the General Directorate of Legal Affairs of the MINISTRY OF PRODUCTIVE DEVELOPMENT has taken the intervention that corresponds to it.
That this resolution is issued pursuant to the provisions of Law No. 24,425 and Decree No. 50 dated December 19, 2019.
Thus,
THE SECRETARY OF INDUSTRY, KNOWLEDGE ECONOMY AND EXTERNAL COMMERCIAL MANAGEMENT
RESOLVES:
ARTICLE 1 .- Replace Article 2 of Resolution No. 523 dated July 5, 2017 of the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION and its amendments, by the following:
“ARTICLE 2 °. - In order to process the applications for Automatic Import Licenses, the interested parties must complete the Comprehensive Import Monitoring System (SIMI), approved by General Joint Resolution No. 4,185 dated January 8, 2018 of the FEDERAL ADMINISTRATION OF PUBLIC REVENUES, an autonomous entity within the scope of the former MINISTRY OF FINANCE and the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION, or which in the future replaces it, the information detailed in Annex I of the present measure ”.
ARTICLE 2 .- Article 3 of Resolution No. 523/17 of the former SECRETARIAT OF COMMERCE and its amendments, is replaced by the following:
“ARTICLE 3 °. - In order to make the Non-Automatic Licenses official in the INTEGRAL SYSTEM OF MONITORING OF IMPORTS (SIMI), the interested parties must:
1. To be duly registered in the registry created by Resolution No. 442 dated September 8, 2016 of the former MINISTRY OF PRODUCTION or whoever replaces it in the future.
2. Complete in the System the information detailed in Annex I of this measure.
3. Complete in the System, for the tariff position of the MERCOSUR Common Nomenclature of the merchandise to be imported, the information indicated in each of Annexes II to XIV of this measure, as appropriate. ”
ARTICLE 3 .- Article 4 of Resolution No. 523/17 of the former SECRETARIAT OF COMMERCE and its amendments, is replaced by the following:
"ARTICLE 4 .- In the event that the requirements set forth in the preceding article are not duly completed, the interested party must submit the request within a period of TEN (10) business days from the display in the System of" Requirement Art. 4 "
Upon expiration of the term without response from the interested party, the procedure will be automatically unsubscribed and its status will be reflected in the System as "Discharge Art. 4" ".
ARTICLE 4 .- Article 6 of Resolution No. 523/17 of the former SECRETARIAT OF COMMERCE and its amendments, is replaced by the following:
"ARTICLE 6 .- In order to comply with the requirement set forth in Article 5 of this measure, the interested party must submit the request within a period of TEN (10) business days from the display in the System of" Requirement Art. 5 ”. Once the term has elapsed without a response from the interested party, the procedure will be automatically unsubscribed and its status will be reflected in the System as "Art. In the event that the response made by the interested party is partial or does not respond strictly to what was requested, a new requirement will be issued for the term of FIVE (5) business days from the display of "Additional requirement Art. 5", to the purposes of adapting, rectifying and / or completing the documentation and / or information, as appropriate. Once the term has expired without the interested party fully complying with what is required, the procedure will be automatically unsubscribed and its status will be reflected in the System as 'Discharge Art. 6' ”.
ARTICLE 5 .- Article 10 of Resolution N ° 523/17 of the former SECRETARIAT OF COMMERCE and its amendments are replaced by the following:
“ARTICLE 10.- For merchandise subject to the processing of Non-Automatic Import Licenses, set a tolerance in the FOB unit value of FIVE PERCENT (5 %) in more or less and in the quantity a FIVE PERCENT (5 %) in addition, not establishing limitations when it is lower, among the declared in the INTEGRAL SYSTEM OF MONITORING OF IMPORTS (SIMI) in relation to the consigned in the import destination applications for corresponding consumption ”.
ARTICLE 6 .- Article 11 of Resolution N ° 523/17 of the former SECRETARIAT OF COMMERCE and its amendments are replaced by the following:
"ARTICLE 11.- Exempt from the provisions of this resolution to the final import destinations for consumption carried out within the framework of the regimes of samples, donations and diplomatic franchises, as well as in the case of imports of merchandise with franchises of rights and taxes, of merchandise entered under the Courier regime or postal shipments, to the import operations of goods covered by the IMPORTS REGIME FOR SUPPLIES INTENDED FOR SCIENTIFIC-TECHNOLOGICAL INVESTIGATIONS that are framed in the Certificate provided for in the Article 4 of Law No. 25,613 and all those goods that enter within the framework of the provisions of General Resolution No. 3,628 dated May 8, 2014 of the FEDERAL ADMINISTRATION OF PUBLIC REVENUE ".
ARTICLE 7 .- Article 12 of Resolution No. 523/17 of the former SECRETARIAT OF COMMERCE and its amendments, is replaced by the following:
"ARTICLE 12.- Import Licenses will have a validity period of NINETY (90) calendar days from the date of their approval in the INTEGRAL SYSTEM OF MONITORING OF IMPORTS (SIMI). Said term may be extended by the Application Authority, at the request of the interested party, with at least FIFTEEN (15) days prior to its expiration and for reasonable reasons.
Without prejudice to the foregoing, the Import Licenses granted to merchandise entering within the framework of the Staggered Shipping Regime created by Resolution No. 1,243 dated October 28, 1992 of the former MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, will have the same period of validity established in Article 5 of the aforementioned rule ”.
ARTICLE 8 .- Article 13 of Resolution N ° 523/17 of the former SECRETARIAT OF COMMERCE and its amendments are replaced by the following:
"ARTICLE 13.- The merchandise reached by the provisions of Resolution No. 220 dated December 23, 2003 of the former SECRETARIAT OF INDUSTRY, COMMERCE AND OF SMALL AND MEDIUM-SIZED ENTERPRISE of the former MINISTRY OF ECONOMY AND PRODUCTION and amending regulations, Vouchers or Evidence of Exception, as appropriate, must be previously processed in the Integrated System of Foreign Trade (SISCO), without specifying in the said System the amount in units or the total FOB value in US DOLLARS ”.
ARTICLE 9 .- Article 14 of Resolution No. 523/17 of the former SECRETARIAT OF COMMERCE and its amendments, is replaced by the following:
"ARTICLE 14.- THE SUBSECRETARIAT OF POLICY AND COMMERCIAL MANAGEMENT of the SECRETARIAT OF INDUSTRY, ECONOMY OF KNOWLEDGE AND EXTERNAL COMMERCIAL MANAGEMENT of the MINISTRY OF PRODUCTIVE DEVELOPMENT shall be the Authority for the application of this resolution, being empowered to issue the complementary regulations necessary for its implementation, and to carry out modifications in the universe of goods reached by Automatic or Non-Automatic Import Licenses, being able to delegate the administration of the System to an official with rank not inferior to National Director ”.
ARTICLE 10.- Article 15 of Resolution No. 523/17 of the former SECRETARIAT OF COMMERCE and its amendments are replaced by the following:
“ARTICLE 15.- The operations of import of merchandise to the territory of the Special Customs Area of the Big Island of Tierra del Fuego, included in the Province of TIERRA DEL FUEGO, ANTÁRTIDA AND ISLANDS OF THE SOUTH ATLANTIC, as well as the merchandise imported to the territory continental originating from the aforementioned Special Customs Area will be covered by the provisions of this measure, with the exception of merchandise imported into the aforementioned Special Customs Area from the continental territory ”.
ARTICLE 11.- The merchandise included in the tariff positions of the MERCOSUR Common Nomenclature consigned in Annex XI that, as IF-2020-01449309-APN-SSPYGC#MDP, is an integral part of the processing of Non-Automatic Import Licenses. this measure, and that at the date of publication of this resolution in the Official Gazette they are in any of the following situations:
a) Applications for Automatic Import Licenses submitted to SIMI that are in the “OFFICIALIZED” state.
b) Issued with final destination to the Customs Territory by land, water or air and loaded in the respective means of transportation;
c) In the primary customs area for having previously arrived at the Customs Territory. The exceptions referred to in this article will expire if the import request is not registered within the SIXTY (60) calendar days counted from the effective date of this resolution.
ARTICLE 12.- Replace Annexes II, III, VI, VIII, IX, X, XI, XIII, XIV and XV of Resolution No. 523/17 of the former SECRETARIAT OF COMMERCE and its amendments, by Annexes I, II , III, IV, V, VI, VII, VIII, IX and X que como, IF-2020-01450769-APN-SSPYGC#MDP, IF-2020-01450629-APN-SSPYGC#MDP, IF-2020-01450506-APN-SSPYGC#MDP, IF -2020-01450398-APN-SSPYGC#MDP, IF-2020-01450264-APN-SSPYGC#MDP, IF-2020-01450108-APN-SSPYGC#MDP, IF-2020-01449977-APN-SSPYGC#MDP, IF-2020-0141 -2020-01449628-APN-SSPYGC#MDP and IF-2020-01449483-APN-SSPYGC#MDP respectively, are an integral part of this measure.
ARTICLE 13.- Articles 7, 8 and 9 of Resolution No. 523/17 of the former SECRETARIAT OF COMMERCE and its amendments are repealed.
ARTICLE 14.- Import Licenses approved prior to the entry into force of this resolution, will remain in force until their use or the expiration of the term for which it was granted, whichever occurs first.
ARTICLE 15.- This resolution will come into effect from the day following its publication in the Official Gazette.
ARTICLE 16.- Communicate, publish, give yourself to the NATIONAL ADDRESS OF THE OFFICIAL REGISTRY and file. Ariel Esteban Schale
NOTE: The Annex (s) that make up this Resolution are published in the web edition of BORA -www.boletinoficial.gob.ar-
and. 01/09/2020 N ° 1136/20 v. 01/09/2020
To download Annexes, Click HERE