G/SCM/N/343/ARG  
14 February  2019 
(19-0855) Page: 1/7 
Committee on Subsidies and Countervailing Measures  Original:  Spanish  
 
  
SUBSIDIES  
NEW AND FULL NOTIFICATION PURSUANT TO ARTICLE XVI:1 OF  
THE GATT 1994 AND ARTICLE 25 OF THE AGREEMENT ON  
SUBSIDIES AND COUNTERVAILING MEASURES  
ARGENTINA  
The following communication , dated  12 February 2 019, is being circulated at the request of the 
delegation of Argentina.  
 
_______________  
 
 
The following notification constitutes Argentina's subsidies notificati on for the period 1 July 2 016 to 
30 June 2 018. 
 
This notific ation does not prejudge the nature or legal status of the programmes herein under the 
GATT 1994  and Articles 1 and 2 of the Agreement on Subsidies and Countervailing Measures 
(SCM  Agreement) . Data may reflect approximations, estimates or preliminary inform ation. Technical 
or legal inaccuracies may have been inadvertently introduced in the text in the attempt to make the 
description of the programmes sufficiently illustrative, but also straightforward and concise . For 
information purposes, Argentina has incl uded certain programmes that arguably are not specific 
within the meaning of the Agreement.  
  G/SCM/N/343/ARG  
- 2 - 
  1  MINING  
1. Title of the programme  
 
Law No. 10.273 - Tax exemptions . 
Law No. 24.196 - Mining investment . 
Law No. 24.228 - Federal Mining Agreement . 
Law No. 24.402 - Value added tax (VAT) payment financing scheme . 
 
2. Period covered by the notification  
 
1 July 2 016 to 30 June 2 018. 
 
3. Policy objective and/or purpose  
 
The purpose of the legislation in this area is to encourage mining activities in order to contribute to 
the country's development, ensure the rational exploitation of mining resources, generate 
employment and diversify regional economies.  
 
4. Background and authority  
 
Law No. 10.273 : Published in the Boletín Oficial  (Official Journal (OJ)) of 1 7 November 1917, as 
amended by:  
 
Decree No. 5760/58 . 
 
Law No. 24.196 : Published in the OJ of 2 4 May 1 993, as amended by:  
 
- Decree No. 2.686/93 : Published in the OJ of 3 January 1 994. 
- Decree No. 1.089/03 : Published in the OJ of 9 May 2 003. 
- AFIP General Resolution  No. 2019/06 : Published in the OJ of 2 1 March 2 006. 
- Decree No. 1722/2011 : Published in the OJ of 2 6 October 2 011. 
- Law No. 25.429 : Published in the OJ of 1 June 2 001. 
 
Law No. 24.228 : Published in the OJ of 2 August 1 993, as amended by:  
 
- Decree No. 1.591/93 : Published in the OJ of 2 August 1 993. 
 
Law No. 24.402 : Published in the OJ of 9 December 1 994, as amended by:  
 
- Decree No. 779/95 : Published in the OJ of 5 June 1 995. 
- Decree  No. 216/96 : Published in the OJ of 6 March 1 996. 
- Decree No. 1.343/99 : Published in the OJ of 1 8 November 1 999. 
- Decree No. 349/00 : Published in the OJ of 3 May 2 000. 
- Decree No. 1.188/01 : Published in the OJ of 2 4 September 2 001. 
 
5. Form of the subsidy  
 
Law No. 10.273 : Tax exemptions  
Law No. 24.196 : Tax stability . Tax concessions and exemptions . Customs exemptions.  
Law No. 24.228 : Tax elimination  
Law No. 24.402 : Financing payment of value added tax  
 
6. To whom and how the subsidy is provided  
 
Law No. 10.273 : (amendment to Article 270 of the Mining Code) : The tax exemptions relate to 
mines under concession to private individuals.  
 
Law No. 24.196 : All natural persons domiciled in the Argentine Republic and legal persons 
incorporated in the country or authorized to act within its territory that are engaged in  the mining 
activities set out in Article 5 of the Law are eligible for the regime . The tax stability granted under 
this Law means that enterprises engaged in mining activities within the framework of this investment G/SCM/N/343/ARG  
- 3 - 
  regime are not liable, beyond the total  tax burden, to increases in the taxes and duties, of whatever 
description, imposed by the national, provincial or municipal authorities adopting this regime or to 
the introduction of new taxes which would legally apply to them, as subject to such authorit ies. It 
also applies to the foreign -exchange and tariff regimes, excluding exchange parity and refunds, 
repayments and/or drawback of taxes on account of export activities . It does not apply to VAT . Tax 
stability is granted for 30 years from the date of submission of the feasibility study for the mining 
ventures coming under the regime.  
 
Law No. 24.228 : The provinces are called upon to eliminate taxes on mining activities from their 
legislation pursuant to points 9 and 10 of the Federal Mining Agreement.  
 
Law No. 24.402 : Institutes a regime for financing payment of VAT through credit lines granted by 
financial entities . The beneficiaries are the purchasers or importers of the goods referred to in 
Article  1 of the Law, inasmuch as  they are intended for the production process, and persons subject 
to the regime established under Law No. 24.196 that invest in civil and construction works to provide 
the infrastructure required for the production of goods.  
 
7. Total amount  
 
No amounts h ave been disbursed under the support  programmes.  
 
8. Duration 
 
Although Law No. 24.402 has not been repealed, its period of applicability has expired.  
 
The legislation does not stipulate end dates for the other programmes.  
 
9. Trade effects  
 
It is not possible to determine the effects that the application of these provisions  may have on trade . 
 
2  FORESTRY ACTIVITY  
1. Title of the programme  
 
Law No. 25.080  - Investment in Cultivated Woodland  
 
2. Period covered by the notification  
 
1 July 2 016 to 30 June 2 018. 
 
3. Policy objective and/or purpose  
 
The considerable development potential of Argentina's forestry sector has thus far barely been 
explored . The purpose of the legislation in this area is therefore to promote forestry activity 
throughout the  country, in the interests of fostering medium - and long -term investment and 
generating employment.  
 
4. Background and authority  
 
Law No. 25.080 : Published in the OJ of 1 9 January 1 999, as amended or supplemented by the 
following legislation:  
 
- Law No. 26.432 : Published in the OJ of 2 9 December 2 008. 
- SAGyP Resolution  No. 33/2013 : Published in the OJ of 8 January 2 014. 
- Former SAGPyA Resolution No. 851/2005 : Published in the OJ of 1 November 2 005. 
- SAGyP Resolution No. 102/2010 : Published in the OJ of  11 March 2 010. 
- SAGyP Resolution No. 91/2011 : Published in the OJ of 1 1 February 2 011. 
- Joint Resolution No. AFIP 10 /2001 – former SAGPyA No. 157/2001 : Published in the OJ 
of 14 March 2 001. 
- AFIP General Resolution No. 1042/2001 : Published in the OJ of  16 July 2 001. 
- Former SAGPyA Resolution  No. 1051/2001 : Published in the OJ of 2 4 December 2 001. G/SCM/N/343/ARG  
- 4 - 
  - SAGyP Resolution No. 76/2011 : Published in the OJ of 1 1 December 2 011. 
- SAGyP Resolution No. 281/2012 : Published in the OJ of 1 6 September 2 012. 
- SAGyP Re solution No. 415/2013 : Published in the OJ of 2 2 October 2 013. 
- SAGyP Resolution No. 190/2015 : Published in the OJ of 2 6 May 2 015. 
- SAGyP Resolution No. 219/2016 : Published in the OJ of 25 October 2 016. 
- SAGyP  Resolution No. 10/2018 : Published in the OJ of 18 January 2 018. 
 
5. Form of the subsidy  
 
Non-repayable economic support and fiscal benefits . 
 
6. To whom and how the subsidy is provided  
 
Law No. 25.080 : Beneficiaries are natural or legal persons making actual investments in the 
activities covered by the Law.  
 
Non-repayable economic support is a money amount that is calculated per hectare and varies 
according to zone, species and forestry activity, as determined by the implementing authority . Fiscal 
benefits are granted to natural  or legal persons engaged in activities covered by the Law, which 
provides tax stability and exemptions.  
 
7. Total amount  
 
The total non -repayable amounts disbursed for economic support in the period 2016  to mid -2018 
were as follows:  
 
Year Amount ($) 
2016 267,049,743. 951 
2017 198,531,613. 25 
2018 87,140,023. 67 (estim ate) 
Grand total  552,721,380. 87 (estima te) 
Source : National Directorate of Industrial Forestry Development - Ministry of Production and Labour . 
8. Duration  
 
The benefits granted under Law No. 25.080 apply to all undertakings approved within ten years of 
the enactment of the Law and any extensions thereof and amendments thereto.  
 
Fiscal benefits such as "tax stability" are granted for a period of up to 30 years from the date of 
approval of t he corresponding project . The implementing authority may, according to the species 
planted, extend the period to up to 50 years.  
 
9. Trade effects  
 
No data available.  
 
3  FREE ZONES  
1. Title of the programme  
 
Law No. 24.331 - Free Zones  
Law No. 25.005 - Free Zones  
2. Period covered by the notification  
1 July 2 016 to 30 June 2 018. 
                                                
1 Amount for the full year . G/SCM/N/343/ARG  
- 5 - 
  3. Policy objective and/or purpose  
As stated in Article 4 of Law No. 24.331 : "The objective of the free zones shall be to stimulate trade 
and industrial export activity, helping to extend to investment and employment the increase in 
efficiency and reduction in costs associated with the activities developing within such zones . The free 
zones shall function in accordance with national trade policy, shall contribute to the growth and 
competitiveness of the economy and shall be fully incorporated into the regional integration 
process ." (See Annex)  
4. Background and authority  
Law No. 24.331 : Published in the OJ of 1 7 June 1 994. 
Law No. 25.005 : Published in the OJ of 1 8 August 1 998, as amen ded by:  
Decree No. 932/98 : Published in the OJ of 1 8 August 1 998. 
5. Form of the subsidy  
- Exemption from duties on the importation for consumption of goods entering the free zone 
and goods leaving the free zone for third countries . Charges for services ef fectively supplied 
are excluded from these exemptions (Articles 24 and 25 of Law No. 24.331).  
 
- Exemption from the payment of national taxes on basic services supplied within the free 
zone. For this purpose, basic services mean those involving the provision of 
telecommunications, gas, electricity, running water, and drainage and treatment of 
sewage.  
There are no economic prohibitions in force.  
6. To whom and how the subsidy is provided  
The exemptions benefit persons engaged in activities within the free zone in accordance with 
Law No. 24.331.  
7. Total amount  
Lack of data makes such calculations impossible.  
8. Duration  
Benefits under this legislation apply from the commencement of activities within the free zone, in 
accordance with the conditions esta blished by Law No. 24.331.  
9. Trade effects  
No data available.  
4  CAPITAL GOODS, INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS REGIME  
1. Title of the programme  
Decree No. 379/2001  - Capital Goods, Information Technology and Telecommunications Regime  
Decree No. 502/2001  - Capital Goods, Information Technology and Telecommunications Regime  
 
2. Period covered by the notification  
 
1 July 2 016 to 3 0 June 2 018. 
 
3. Policy objective and/or purpose  
 
As stated in Article 1 of Decree No. 379/2001 , this is a regime in support of manufacturers in the 
capital goods, information technology and telecommunications sectors.  
 G/SCM/N/343/ARG  
- 6 - 
  4. Background and authority  
 
Decree No. 502/2001 : Published in the OJ of 2 May 2 001 
Decree No. 379/2001 : Published in the OJ of 3 0 March 2 001, as amended  by: 
 
- Former ME Resolution No. 8/2001 : Published in the OJ of 2 7 March 2 001. 
- Former ME Resolution No. 27/2001 : Published in the OJ of 1 0 April 2 001. 
- Decree No. 594/2004 : Published in the OJ of 1 3 May 2 004. 
- Decree No. 201/2006 : Published in the OJ o f 24 February 2 006. 
- Former SICPYME Resolution No. 224/2006 : Published in the OJ of 2 8 July 2 006. 
- Former SICPYME Resolution No. 542/2006 : Published in the OJ of 3 January 2 007. 
- Decree No. 2316/2008 : Published in the OJ of 7 January 2 009. 
- Decree No. 917/2010 : Published in the OJ of 8 July 2 010. 
- Decree No. 362/2011 : Published in the OJ of 3 0 March 2 011. 
- Decree No. 430/2012 : Published in the OJ of 2 1 March 2 012. 
- Decree No. 1027/2012 : Published in the OJ of 2 May 2 012. 
- Decree No. 480/2013 : Published in the OJ of 2 May 2 013. 
- Decree No. 1591/2013 : Published in the OJ of 2 3 October 2 013. 
- Decree No. 965/2014 : Published in the OJ of 2 3 June 2 014. 
- Decree No. 2512/2014 : Published in the OJ of 1 9 December 2 014. 
- Decree No. 451/2015 : Published in the OJ of 2 0 March 2 015. 
- Decree No. 1424/2015 : Published in the OJ of 2 8 July 2 015. 
- Decree No. 51/2016 : Published in the OJ of 8 January 2 016. 
- Decree No. 824/2016 : Published in the OJ of  1 July 2 016. 
- Decre e No. 1348/2016 : Published in the OJ of  2 January 2 017. 
- Decre e No. 593/2017 : Published in the OJ of  31 July 2 017. 
- Resolu tion No. 803/2017 of the Secretariat of Industry and Services : Published in the 
OJ of 2 October 2 017. 
- Decre e No. 229/2018 : Published in the OJ of  19 March 2 018. 
- Resolu tion No. 11/2018 of the Secretariat of Industry : Published in the OJ 
of 3 April 2018. 
 
5. Form of the subsidy  
 
The benefit consists of a transferable tax credit bond, equivalent to a percentage of sales, granted 
in the case of goods that are classified in the list set out in the annex to Decree No. 379/2001, 
harmonized  by Decree No. 229/2018.  
 
6. To whom and how the subsidy is provided  
 
Manufacturers of goods in the capital goods, information technology and telecommunications sectors 
which are included in the annex to Decree No. 229/2018.  
 
7. Total amount  
 
Lack of data makes such calculations impossible.  
 
8. Duration  
 
Article 3 of Decree No. 229/2018 amends Article 4 of Decree No. 379/2001  by extending the validity 
of the regime to 3 1 March 2 019. 
 
9. Trade effects  
 
No data available.  
 G/SCM/N/343/ARG  
- 7 - 
  ANNEX: FREE ZONES  
Resolution No. 898/95   Río Gallegos and Caleta Olivia, Province of Santa Cruz  
Resolution  No. 33/96   Sierra Grande, Province of Río Negro  
Resolution No. 33/96   Justo Daract, Province of San Luis  
Resolution No. 70/96   Zapala, Province of Neuquén  
Resolution No. 78/96   Frías, Province of Santiago del Estero  
Resolution No. 79/96   Jachal, Province of San Juan  
Resolution No. 696/99   Cruz Alta, Province of Tucumán  
Resolution No. 1019/01   Comodoro Rivadavia, Province of Chubut  
Resolution No. 717/99  General Pico, Province of La Pampa  
Resolution No. 1074/01   Salta, Province of Salta  
Resolution No. 553/9 6  Perico and La Puna, Province of Jujuy  
Resolution No. 587/99   Luján de Cuyo, Province of Mendoza  
Resolution No. 768/96   Villa Constitución, Province of Santa Fe  
Resolution No. 541/99   Córdoba, Province of Córdoba  
Resolution No. 1240/02   La Plata, Provinc e of Buenos Aires  
Resolution No. 165/97   Paso de los Libres, Province of Corrientes  
Resolution No. 322/97   San Fernando, Province of Chaco  
Resolution No. 634/97   Clorinda, Province of Formosa  
Resolution No. 964/97   Chamical  and Felipe Varela, Province of La Rioja  
Resolution No. 855/98   Tinogasta, Province of Catamarca  
Resolution No. 1230/02   Puerto Iguazú, Province of Misiones  
Resolution No. 442/01   Bahía Blanca Cnel . Rosales, Province of Buenos Aires  
Resolution No. 2422/08   C. del Uruguay, Province of Entre Ríos  
 
All of these Resolutions were issued by the Ministry responsible for the Federal Public Revenue 
Administration.  
 
__________