G/LIC/Q/ARG/19  
9 November  2020 
(20-7956) Page: 1/5 
Committee on Import Licensing  Original:  Spanish  
 
  
IMPORT LICENSING SYSTEM OF ARGENTI NA 
REPLIES TO QUESTIONS FROM THE UNITED STATES  
The following communication, dated 5 November  2020, is being circulated at the request of the 
delegation of Argentina . 
 
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Question  
 
In 2020, Argentina made three (3) notifications to the Committee, and one corrigendum:  
 
G/LIC/N/2/ARG/28/Add.5, circulated 5 March  2020 
G/LIC/N /2/ARG/28/Add/6, circulated 1 4 April 2020 
G/LIC/N/2/ARG/28/Add.7, circulated 2 9 July 2020 
G/LIC/N /2/ARG/28/Add.7/Corr.1, circulated 1 8 August  2020 
 
These are updates to Resolution 523/2017, improved efficiency and transparency in Argentina 's 
import licensing system , notified in G/LIC/N/2/ARG/28 on September  2017. 
 
During 2020, we have heard from impor ters about non -transparent approval processes and 
requirements, as well as delays in processing times related to the import licensing system.  
 
In the interest of an open exchange under this Committee, we seek additional clarification from 
Argentina about t he changes to the import licensing system introduced in 2020.  We urge Argentina 
to implement its system in a transparent, fair, and equitable manner, and to avoid practices that 
could have avoidable trade -restrictive or distortive effects that may discoura ge investment or other 
economic activity important for Argentina 's long -term objectives.  
 
1. Is Resolution 532/2017 still the primary measure governing automatic and non -automatic 
import licensing in Argentina?  Which other measures are relevant to understand the import 
licensing system?  
 
Reply 
 
Yes, both automatic import licensing and non -automatic import licensing are governed by former 
Secretariat for Trade Resolution No. 523/2017 and the following  amend ments  and supplem ents 
thereto : 
 
• Former Secretariat for Trade Resolutions Nos. 898/2017, 5 -E/2018, 170/2018,  507/2018 
and 526/2018.  
• Secretariat for Industry, the Knowledge Economy and Foreign Trade Management 
Resolution s Nos. 1/2020, 13/2020 and 133/2020.  
• Undersecretariat for Trade Policy  and Management Provisions Nos. 3/2020, 5/2020, 
9/2020, 10/2020 and 29/2020 ( this last  Provision , published in the Official Journal of the 
Argentine Republic  on 21 October  2020, is in the process of being notified to the WTO ). 
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  2. The notifications this ye ar indicate changes in scope for products requiring non -automatic 
import licensing.  What products currently require non -automatic import licensing?  How is the 
scope of products different from that in place in 2019?  
 
Reply 
 
In 2020 , certain changes have indeed been made regarding the range  of products requiring  
non-automatic import licensing . As part of these changes, some products have been added, while 
other s have been excluded . In December  2019, 1,381 tariff headings  were subject to non -automatic 
licensing ; this figure now stands at 1,440, a difference of 59 additional tariff headings , which 
amount s to less than 15 % of all goods . 
 
As indicated above, the notifi ed regulations  concern  changes to the range of products  covered by 
non-automatic licensing , and these changes take  the form of both additions and exclusions . For 
instance, in light of the Covid -19 situation , Provision No. 5/2020 has suspended non -automatic 
import licensing for certain medical products such as  alcohol -based gels, medical clothing and  face 
masks , resulting in the exclusion of 16 tariff headings . Provision No. 9/2020 excludes a total of 21 
tariff headings from the non -automatic licensing universe, while Provision No. 29/2020  excluded  a 
total of 116 tariff headings . 
 
Furthermore, we wish to clarify  that one of the notifications mentioned  by the United States 
delegation , G/LIC/N/2/ARG/28/Add.7/Corr.1,  refers to an error concerning the date of the official 
publication of the notified regulations  and not changes to the range of products covered by the 
licensing system . 
 
Attached to this questionnaire is a separate  Excel file containing a list of the tariff headings currently 
subject to non -automatic import licensing . It should be noted that an updated version of this list 
may be consulted at any time in Annexes II to XIV to Resolution No. 523/2020  at: 
 
http://servicios.infoleg.gob.ar /infolegInternet/anexos/275000 -279999/276625/texact.htm  
 
 
3. The recent notifications indicate the possibility of very broad information requests, on short 
notice, to applicants for non -automatic import licensing.  
 
For example, at page 2 of G/LIC/N/2/ARG/28/Add.5, it states:  
 
For goods subject to non -automatic import licensing, the implementing authority may require 
the importer, at any point in the procedure, to provide any information and/or additional 
documents listed in Annex XV to the Re solution . It may also request the intervention of 
competent technical bodies, use background information from its own sources or those of third 
parties, and require, should it be deemed necessary, clarifications.  
 
(a) Has Argentina rejected any applications in 2020 for failure to provide such additional 
information, for an applicant that provided all information necessary according to 
published application instructions?  
 
 
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  Reply 
 
The additional information that may be requested is part of the ne cessary  information required for 
non-automatic import licensing . We should  clarify that this request for information is not  part of a 
new requirement established in the regulations  notified by Argentina in  2020 that are the subject of  
this questionnaire ; rather it forms part of a requirement that has been in effect since 2017 pursuant 
to Article 5 of Resolution No. 523/2017 . Furthermore, the additional information that may be 
requested is described in Annex XV to t hat Resolution . 
 
Regarding the time given to submit  the information , the Argentine government believes that a period 
of 10 working days, plus an additional five  working days where the information submitted is partial 
or incomplete , is sufficient to meet this requirement, also taking into acc ount that it is submitted via 
a digital platform . The reasons for not approving a licence therefore stem from the applicant's failure 
to meet the requirements set forth in the relevant regulations . 
 
It should also be noted that the concept  of "rejection" does not exist within the context of the import 
licensing system, as the applicant is able, at any time during the process, to submit , correct or 
modify  the information requested under Resolution No. 523/2017 by the implementing authority . 
Once the time fra mes established in that regulatory text  have expired, the applicant must reapply 
for the licence, and may do so as many times as they wish, there being no limit in this respect . 
 
The reply to question 6(c) shows how many  licence applications have not been approved since 2018, 
including the number for 2020 so far . 
 
 
(b) How does Argentina ensure that such information requests do not result in a trade 
restriction and/or trade distortive effects?  
 
 
Reply 
 
Argentina  sees no reason to believe that requesting information within the framework of the import 
licensing system can cause trade distortive effects, since this is not the purpose  of such requests . 
The purpose  of requesting information  is fully consistent with Article 3 of  the Import Licensing 
Agreement , and is clearly established in the recitals of Resolution No. 523/2017 . Requesting 
information  helps to ensure that the system remains straightforward  and transparent . Furthermore, 
as indicated in the reply to the previous question , the information requested and the time frames 
stipulated within the framework of the system are considered reasonable enough to enable the 
operator to submit the information properly in a timely manner.  
 
(c) What is the basis on which the implementing authority makes such information 
requests?  How do such requests relate to the measure being implemented through the 
licensing procedure ? 
 
Reply 
 
As indicated  above, the implementing authority has been able to request addition al infor mation ever 
since 2017 under Resolution No. 523 of that same year , and this is important for the purpose of 
obtaining  additional information that allows for the improved surveillance  of import operations and 
the more efficient monitoring of the applicant's  compliance with the requirements established in the 
relevant regulations . 
 
(d) How does Argentina inform applicants of information requests ? 
 
Reply 
 
The information is transmitted via the SIMI (Comprehensive Import Monitoring System) virtual 
platform  (https://www.afip.gob.ar/simi/ ). 
 
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  (e) If the information requested is not available from the applicant, how does that affect 
the application ? 
 
Reply 
 
Pursuant to Article  5 of Resolution No. 523/2017, the applica nt has 10 working days to provide the 
information required by the implementing authority . Once this deadline has expired , the procedure 
is automatically cancelled . If the information provided by the applicant is incomplete or fails to meet 
the implementing  authority's requirements , they will be given an additional five working days to 
modify, correct or complete  the requested information . If this deadline expires  and no response from 
the applicant has been received, the procedure will be cancelled and a new  licence application  may 
be submitted . 
 
(f) What procedures does Argentina have in place to protect confidential information for 
applicants ? 
 
Reply 
 
Article 8(c) of Law No. 27.275 ( Law on Access to Public Information ) expressly provides that the 
State shall be exempt from the requirement to provide information concerning  "Industrial, 
commercial, financial, scientific, technical or technological secrets, where revealing such secrets 
could harm the level of competitiveness or damage the int erests of the entity subject to the 
requirement ". 
 
Furthermore, the Comprehensive Import Monitoring System (SIMI) is designed in such a way as to 
ensure that each applicant can only access their own declarations . 
 
4.  Under what circumstances may an application for a license be refused other than failure to 
meet the ordinary criteria?  What is the procedure for appeals of rejection of a non -automatic 
license?  
 
(a) Do applicants have a right of appeal in the event of refusal to issue a license?  
(b) If so, to wh at bodies and under what procedures ? 
 
Replies  (a) and (b) 
 
All applicants have the right to an administrative review under the terms of the regulations in force 
within the framework of the Law on Administrative Procedures (Law No. 19.549 ) and the amending 
and supplementary provisions thereto  (and the right to apply for a new licence), as well as before 
the ordinary courts . Furthermore , these administrative and judicial instances are not mutually 
exclusive for operators . 
 
5. What percentage  of imports to Argentina are now covered by automatic import licensing and 
by non -automatic licensing?  What were those percentages on December  31, 2019?  Please 
provide this information by volume and value . 
 
Reply 
 
Year  2020 ( Jan-Sept) 
Licence type  Value (f.o.b. ) Volume (kg)  
Autom atic 71.7% 87.3% 
Non-autom atic 28.3% 12.7% 
Total  100%  100%  
 
 
Year  2019  
Licence type  Value (f.o.b. ) Volume (kg)  
Autom atic 83.2% 95.0% 
Non-autom atic 16.8% 5.0% 
Total  100%  100%  
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  6. Please provide statistical information for both automatic and non -automatic licenses, on:  
 
(a) Number of applications,  
(b) Percentage accepted,  
(c) Percentage rejected, and  
(d) Processing time (averages, minimum, and maximum) for applications?  
 
Please provide this information on an annual basis for 2018 and 2019, and for 202 0 January  
through September.  
 
 
Replies  (a), (b), (c) and (d) 
 
 
2020 ( Jan-Sept) Number of licences  (d) 
(a) (b) (c) Min. Max. Avg. 
AL 355,026 99.9% 0% <1 d.  2 d. 1 d. 
NAL 199,303 84.1% 0.2% 1 d. 60 d. 6 d. 
 
 
 
2019  Number of licences  (d) 
(a) (b) (c) Min. Max. Avg. 
AL 459,882 100.0% 0% < 1 d.  2 d. 1 d. 
NAL 193,760 99.3% 0.6% 1 d. 60 d. 3 d. 
 
 
 
2018  Number of licences  (d) 
(a) (b) (c) Min. Max. Avg. 
AL 500,261 100.0% 0% <1 d.  2 d. 1 d. 
NAL 214,437 99.0% 0.9% 1 d. 60 d. 5 d. 
 
7. Is Argentina considering additional changes to its import licensing system?  If so, will Argentina 
consult with stakeholders before implementing such changes?  What changes, if any, are under 
consideration ? 
 
Reply 
 
The Argentine Republic's import licensing system is continuously monitored by the authorities, and 
changes may only be made where  considered strictly necessary for the sole purpose of continually 
improving its efficiency , as well as  to cover the product range strictly necessary  to ensure compliance 
and conformity with the underlying measures that are applicable . 
 
It should also be noted that the system's implementing authorities always take into account the 
considerations and concerns expressed by stakeholders , in order to foster  the ongoing improvement, 
transparency and efficiency of the system's management . 
 
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