Relevant news:

• Anticorruption National Plan (2019 – 2023) for the public administration.
• Regulation of Law 22.362 of Trademarks and Trade Names.
• Regulation regarding fair trade
• Requirements for participation in shareholders meetings by foreign shareholders
• Simplified export regime for minor operations
• Import regime for major investment projects
• Increase of values of compensations payable to hydrocarbon permit and concession´s landowners

LEGISLATION

Decree Nº258/2019 – Anticorruption National Plan

The Executive Branch issued Decree Nº258/2019 (the, “Decree”) which approves the Anticorruption National Plan for the period 2019-2023 for the public national administration. The Decree contains several initiatives such as mechanisms to improve the transparency and efficiency of public contracts and the access to public information, among others, in line with the international conventions on corruption, organized crime and money laundering.

Decree Nº242/2019 – New Regulation on Trademarks and Trade Names

Decree Nº242/2019 (the, “Decree”) issued by the Executive Branch sets forth a new regulation of Law Nº22,362 about trademarks and trade names which shall enter into force on June 2nd, 2019. Among other aspects, the Decree brings a new version of the protectable products and services classification system, clarifies certain features regarding the duration of the registered trademarks, introduces some new requirements for foreign applicants and updates the amounts of the fines applicable under Law Nº22,362.

Decree Nº274/2019 – Fair Trade

The Executive Branch issued Decree Nº274/2019 (the, “Decree”) which contains new regulations regarding fair trade. The Decree, which provisions are mandatory, sets forth the actions that will be considered as an unfair trade conduct and the applicable sanctions which include the payment of fines and even the closure of the establishment. The Decree also contains provisions regarding advertising and product information requirements. It also provides the rules that will govern the applicable administrative procedure and creates the Electronic System for the Resolution of Conflicts for consumer’s claims.

General Resolution Nº789/2019 – Shareholders Meetings of Listed Corporations

By means of General Resolution Nº789/2019, the Stock Exchange Commission modifies the requirements to be met by foreign shareholders in order to participate in shareholders’ meetings while it allows listed companies to implement a computerized registration system instead of the stock deposit and attendance to shareholders’ meetings registry books.

Joint General Resolution Nº4458/2019 – Simplified Export Regime

Tax Authority (“AFIP”) and Ministry of Production and Labor issued the Joint General Resolution Nº4458/2019 which modifies certain aspects of the “Simplified Export Regime” created under Resolution Nº4049/2017, which aims to facilitate minor commercial exports not exceeding USD 600,000 FOB value per year through certain authorized and registered logistic operators.

Resolution Nº 446/2019 – New VAT Aliquots for Import of Movable

Resolution Nº446/2019 issued by Tax Authority (“AFIP”) modifies the VAT aliquots applicable to the definitive import of movable property.

Resolution Nº 242/2019 – New Import Regime for Major Projects

Resolution Nº242/2019 (the, “Regulation”) issued by the Ministry of Production and Labor implements a new regulation for the import of assets destined to major investments projects for the improvement of companies’ competitiveness approved by the enforcement authority. The Regulation also applies to new assets destined to the treatment and/or disposal of polluting substances to be integrated to plants producing tangible assets or energy, whether new or pre-existing.

Resolution Nº 4465/2019 – New Sanctions to Employers

Resolution Nº4465/2019 issued by Tax Authority (“AFIP”) modifies the sanctions that AFIP may apply to employers in case of non-compliance with their obligations to make the contributions to the social security system, to register or de-register an employee as required by the applicable regulations, to keep proper records of employees and in case of errors in such records.

Resolution Nº 4468/2019 – Tax on Financial Revenue

Resolution Nº4468/2019 issued by Tax Authority (“AFIP”) regulates the way tax payers shall declare and pay tax on financial revenue set forth under Income Tax Law.

Resolution Nº 4469/2019 – Regulation of Reduction of Employer’s Charges

Joint Resolution Nº4469/2019 issued by Tax Authority (“AFIP”) and Ministry of Production and Labor regarding the benefit created by Decree Nº128/2019 (the, “Decree”) consisting in the increase of nontaxable minimum amount of employer’s charges which perform the activities listed in the Decree, sets forth the requirements to be met by such employers performing such activities as of December 31st, 2018 in order to apply for such benefit.

Resolution Nº230/2019 – Extension of the Start Up Date of Power Plants of Renewable Energies

Resolution Nº230/2019 issued by the Secretary of Energy allows to request an extension of time for the achievement of the start –up date and beginning of commercial operation of power plants of renewable energies which will supply big consumers under National Law Nº27,191. To such effect, interested parties shall comply with the new requirements contained in the aforementioned Resolution in order to access to this benefit.

Decree Nº355/2019 – Neuquén Province Regulation of Electric Power Obtained from Renewable Sources

The Executive Branch of the Province of Neuquén issued Decree Nº355/2019 which regulates provincial law Nº3108 which adhered to National Law Nº27,191 regarding the promotion regime for the use of renewable energy sources destined to the production of electric power.

LATEST NEWS IN THE HYDROCARBON SECTOR

Resolutions Nº1 and 2/2019 – New Values of Compensations Payable to Landowners

Resolutions Nº1/2019 and Nº2/2019 issued by the Secretary of Agriculture, Livestock and Fishing and the Secretary of Non Renewable Resources and Fuels Market set forth as from August 31, 2018 an increase in the amounts to be paid under previous regulations to landowners by oil and gas exploration, exploitation and transportation companies as compensation for the activities performed in their land.

Resolution Nº148/2019 – Discount on Gas Prices

By means of Resolution Nº148/2019 issued by the Secretary of Energy it was resolved to grant a discount on natural gas and induced propane’s rates for residential consumers of 27% and 12% for the months of April and May, 2019 respectively.

Resolution Nº204/2019 – New Values of Gas Sub-Distribution Charges

Gas Enforcement Authority (“ENARGAS”) approved by means of Resolution Nº204/2019 the new values of the charge to be collected by the gas sub-distributors from clients categorized as big users or GNC stations.

Resolution Nº175/2019 – Natural Gas Supply Agreements with Distributors

Secretary of Energy issued Resolution Nº175/2019 which abrogates Articles Nº 5, 6 and 7 of Resolution Nº752/2005 and therefore allows users categorized as “General Service P Group III” to acquire natural gas directly from gas distributors under the complete service mode in accordance with the Natural Gas Law.

Resolutions 219/2019 and 108/2019 – Opinions on Gas Regulation Projects

Gas Enforcement Authority (“ENARGAS”) issued Resolution Nº219/2019 which extends for an additional 60-day period the term set forth under Resolution Nº117 for all interested parties to express their opinions regarding the project of new regulation for the registry of qualification licenses. The ENARGAS also extended for 45 days the term set forth under Resolution Nº108/2019 for all interested parties to express their opinions and proposals regarding the project of new regulation for natural gas dispatch.

Resolutions Nº228 and 230/2019 – Opinion on Gas Regulations Projects

By means of Resolutions Nº228 and 230/2019 the Gas Enforcement Authority (“ENARGAS”) called all interested parties to express their opinions and proposals regarding the projects of modification of the regulations NAG-314/1995 and NAG-332 for a 60-day period counted as of April 24th, 2019.

Disposition 28/2019- Modification to the Regulations of Reservoirs of LPG

Disposition Nº28/2019 issued by the Subsecretary of Hydrocarbons and Fuels contains several modifications to the regulations for the testing, conditioning and destruction of micro-tanks, tanks (“garrafas”) and cylinders containing LPG.

Resolution Nº223/2019 – Modification of the Regulation for the Gas Distribution Regime

Resolution Nº223/2019 issued by Gas Enforcement Authority (“ENARGAS”) modifies certain articles of the Regulation to the Gas Distribution Service License.

Resolution Nº229 /2019 – Advance Payment of the Control and Audit Fee

Resolution Nº229/2019 issued by Gas Enforcement Authority (“ENARGAS”) sets forth the amount of the second advance payment of the “Control and Audit Fee”.

Disposition Nº29/2019 – New Regulation for Domestic Supply of GLP

Disposition Nº29/2019 issued by the Subsecratry of Hydrocabros and Fuels modifies the regulation applicable to the determination by the enforcement authority of the volumes of GLP to be supplied by producers to the local market for domestic use and the total quota of butane and propane GLP to be provided by each company.

Resolution Nº222/2019 – Gas Export Authorization

By means of Resolution Nº 222/2019 the Secretary of Energy granted Pan American LLC Suc. an authorization to export gas interruptible to Enel Generación Chile S.A. for a maximum volume of 1,000,000 m³/day up to May 1st 2020 or up to the export of an amount equivalent to the daily authorized amount multiplied by the amount of days of the authorization, whatever occurs first.

 

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