G/LIC/Q/ARG/15  
6 May 2014  
(14-2773)  Page: 1/4  
Committee on Import Licensing  Original: Spanish  
 
  IMPORT LICENSING SYSTEM OF ARGENTINA 
REPLIES TO QUESTIONS FROM THE EUROPEAN UNION TO ARGENTINA REGARDING 
ITS ANNUAL NOTIFICATION (G/LIC/N/3/ARG/11) 
The following communication, dated 15 April 2014, is being circulated at the request of the 
delegation of Argentina.  
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  Reference is made to Argentina's Import Licensing notification (G/LIC/N/3/ARG/11)  
of 24 September 2013. 
 Before entering into detailed questions, the EU would like to make some  general observations. 
 
The DJCP (the sworn declaration of product composition) has been in place in Argentina for a long time. Argentina first describes the DJCP as an automatic import licensing system in its notification 
submitted in February 2002 and circulated to Members as document G/LIC/N/3/ARG/2/Add.1 
of 6 March 2002. Later, according to the notification submitted in 2006, Argentina stated that the "DJCP is an import certificate that is approved in all cases on a first come first served basis 
and that the delays are minimum 2 days max 10 days ". These aspects have also been confirmed 
in the notifications submitted for the years 2008 to 2010. 
 The situation started changing as from the notification G/LIC/N/3/ARG/10, circulated 
on 29 January 2013, covering the 2012 year. Then, it changed even more on the basis of the 
notification at stake (G/LIC/N/3/ARG/11) circulated on 24 September 2013.  
According to its last notification (G/LIC/N/3/A RG/11), Argentina continues to qualify the DJCP 
as an automatic licensing system despite the fact that the system has considerably changed in the 
course of the years.  
According to notification G/LIC/N/3/ARG/11, Argentina has adopted Resolution No. 248/13, which 
sets new rules in the use of the DJCP for the importation of goods. However, in its notification, Argentina does not mention any regulatory measure that was adopted to implement that 
Resolution, namely Resolution No. 99/2013 adopted in June 2013. 
 According to the information published on th e web page of the Ministry of the Economy 
(http://www.oficinascomerciales.es/icex/cda/ controller/pageOfecom es/0,5310, 5280449_5282957_
5284971_4698070_AR,00.html ), Resolution No. 99/2013 establishes a new DJCP administrative 
control procedure in the area of importation of garments, apparel and footwear. Before the entry 
into force of the Resolution No. 99/2013, the import ers were required to present a DJCP directly 
to the Customs Authorities together with the rest  of the documentation. Under the new measures, 
importers must file the DJCP in electronic form through an integrated Foreign Trade System (SISCO). The declaration will then be re gistered and subject to the review by several 
governmental entities associated to the system. Su ch entities can introduce "observations" in the 
system with respect to the declaration, establishing the status of the declaration as "observed". Until such time those observations are removed, the importation cannot take place. 
 
The information available on the link mentioned by the European Union is not information that comes from the Ministry of the Economy and Public Finance of Argentina. G/LIC/Q/ARG/15 
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  It should also be emphasized that the DJCP (the Sworn Declaration of Product Composition) 
if submitted through the Integrated Foreign Trade System (SISCO); in accordance with Resolution 248/2013 and its implementing regulations, Resolution 99/2013, and the Foreign Trade Secretariat is the only body involved in the appr oval of such requests. If any "observations" are 
made, this can only be done by the Foreign Trade Secretariat, and only concerning errors in the 
submission form.  
Modifying these errors leads to the submission of a new form, which will be automatically 
approved and as a result the importation can take place.  In view of the above, and referring to Argentine notification G/LIC/N/3/ARG/11, we would like 
Argentina to reply to the following questions: 
 1. Why does Argentina, in its notification , only refer to Resolution No 243/2013 and 
omit to mention Resolution No. 99/2013 that seems to be an accompanying 
implementing measure? 
 
F i r s t  o f  a l l ,  i t  s h o u l d  b e  m a d e  c l e a r  t h a t  the Resolution establishing the new DJCP rules 
is No. 248/2013, not 243/2013.  Resolution 99/2013 only sets out the implementi ng regulations for Resolution 248/2013, without 
altering or modifying its content. 
 2. What is the administrative purpose of  the DJCP in its current form? According 
to the notification (paragraph 4): "the syst em does not restrict either the quantity 
or the value of imports. The purpose of th e licensing is explained in the relevant 
regulations". Could Argentina submit all th e relevant regulations that set out all 
of the obligations to be complied with by importers in order for the latter to meet 
the requirements of the DJCP import licensing system? 
 The purpose of the DJCP and of its inclusion in the SISCO is to be found in the preambles 
of the corresponding resolutions, as follows: 
 Resolution 850/1996 
 "Whereas importers not only introduce goods into the customs territory but also engage in their marketing, and in that capacity are also subj ect to the provisions of the Fair Trade Law 
and its regulations." 
 "Whereas control and verification measures need  to be implemented to ensure that consumers 
receive accurate and clear information and are not misled." 
 
Resolution 1318/1998 
 
"Whereas, having regard to the specific characteristics and differences in the composition of textile 
products and footwear, a form needs to be prepared for each of these categories."  
"Whereas the purpose of the proposed measure is to develop a larger database for statistical 
purposes and consequently more effective moni toring of the products to be imported." 
 Resolution 248/2013 
 "Whereas, since simplifying foreign trade procedures is a primary objective, it is considered appropriate to provide that this declaration shou ld be processed through the Integrated Foreign 
Trade System (SISCO) approved by Resoluti on No. 52 of 11 March 2011 of the former 
SECRETARIAT FOR INDUSTRY AND TRADE OF THE MI NISTRY OF INDUSTRY, an d that each of the 
goods should be identified by a Pr oduct Identification Code (CIP)." 
 G/LIC/Q/ARG/15 
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  Resolution 99/2013 
 
"Whereas in view of the foregoing … (in Resolution 248/2013) …, the corresponding implementing regulations need to be issued." 
 
The requirements to be met by importers for the submission of the information are set out 
in Annexes I and II of Resolution 99/2013. 
 
3. Could Argentina explain why the DJCP is considered as an automatic import 
licensing system if currently the importat ion of goods is subject to an approval, 
as stated in point 7(a) of the notification? 
 
The DJCP is an automatic licensing system which is approved in all cases within the time-frames set out in the Agreement on Import Licensing Procedures. Observations are only made 
on applications when the form contains mistakes. 
 4. According to the notification (paragraph  2), the DJCP covers the products listed 
in Resolution No. 850/1996. According to Ar ticle 5.2(a) of the Import Licensing 
Procedures Agreement, the notification shall include a list of products subject 
to licensing procedures. Could Argentina submit a detailed and the most updated 
list of products subject to import licensing? 
 
In its Annex II, Resolution 99/2013 lists the products subject to the DJCP as follows:  
 Composition percentage fibres or materials and substances (NCM chapters 57 and 61 to 
63): description constituent material percentage; 
 Class or kind of constituent materials (NCM chap. 64): upper/sole or bottom/lining/inner 
sole. 
5. Could Argentina clarify how much in advance of physical importation must 
an application for a licence be made? Ca n licenses be obtained within a shorter 
time-limit? Could Argentina explicitly reply whether a licence can be granted 
immediately upon request? (Reference is made to questions under points 7(a) 
and 7(b) of the questionnaire - document G/LIC/3)? 
 
DJCP applications may be submitted on any wo rking day prior to the import shipment date. 
 Cases where licences can be obtained within a shorter time-limit concern goods considered 
to be critical inputs for domestic industry or where the value or quantity is minimal. 
 DJCP 
 Minimum time-limit: two working days;  
 Maximum time-limit: ten working days.  
6. Could Argentina clarify wh ether nowadays the procedur e for the DJCP could take 
longer than ten days and on what legal ba sis? If so, what is the relevant legal 
provision? Can Argentina demonstrate that the DJCP procedure meets the 
time-limits set out in the Agreement on Import Licensing Procedures (maximum 
of ten working days for the automatic import licensing)? 
 
The DJCP procedure does not take longer than ten working days.  7. According to the notification, DJCPs are valid for 360 calendar days from the date 
of issue and they may not be extended . Could Argentina clarify under which 
circumstances they may not be extended ? Could Argentina clarify under which 
provisions of the rules Import Licensing Procedures Agreement would such refusal 
be justified? 
 DJCPs are valid for 360 calendar days from the date of issue and the only possibility is that 
of issuing or delivering a new DJCP, which ca n be processed as far in advance as the 
importer wishes. G/LIC/Q/ARG/15 
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  The Agreement on Import Licensing Procedures does not establish a time-period for validity 
in the case of automatic procedures, nor does it provide for the possibility of extensions for these automatic procedures.  
 
8. Could Argentina clarify which provisio ns in its legislation dispense with 
the obligation to repeat the declaration procedure before each and every importation over the duration of such a "licence" (it is indeed valid for 360 days)? 
 
Importers must submit the corresponding form for each importation of products subject to the DJCP.  
9. The resolution does not specify which ar e the circumstances leading to the status 
of "received" or "observed" nor does it  set out any definite timelines for such 
a decision by competent authorities. Coul d Argentina submit a detailed description 
of the different status of "received" or "observed", i.e. the consequences 
of granting of either status for importers and the exhaustive list of criteria that 
need to be met by an importer  to get a "received" status? 
 
The DJCP can have the following status:  
 Received: approved; 
 Observed: the form contains some error that must be corrected through the submission 
of a new form. 
The information that must be submitted in the DJCP form is indicated in Annexes I and II 
of Resolution 99/2013. 
 10. Following the entry into force of Re solutions No. 243/2013 and No. 99/2013, while 
the DCJP for imported goods must be submitted through the customs electronic 
system SISCO, the locally produced good s are not obliged to do an electronic 
application before products can be put on the market. Could Argentina 
demonstrate the neutrality of the applic ation of the import licensing system 
in accordance with Article 1.3 of the Import Licensing Procedures Agreement? 
 First of all, it should be made clear that the Resolution establishing the new DJCP provisions 
is No. 248/2013 and not 243/2013. 
 The DJCP was established by Resolution 850/1996 in order to comply with the National Fair Trade 
Law, No. 22.802, so that importers fulfil the same requirements as domestic producers. 
 
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