WORLD TRADE  
ORGANIZATION  G/LIC/Q/ARG/8 
8 May 2009 
 
 (09-2264) 
Committee on Import Licensing Original:   Spanish 
  
 
 
IMPORT LICENSING SYSTEM OF ARGENTINA 
 
Replies by Argentina to Questions Posed by the UNITED STATES
, 
the EUROPEAN COMMUNITIES, CANADA, CHINA and JAPAN1 
 
  The following communication, dated 7 May 2009, is being circulated at the request of the 
delegation of Argentina.  
_______________ 
 
Question
: 
 
 In response to Argentina’s recent notificati ons dated 19 January 2009 and 19 March 2009 
under Article 5, we have the following ques tions regarding Argentina’s import licensing 
requirements: 
  Has Argentina provided copies of the regulatio ns below to the WTO Secretariat?  If not, we 
would greatly appreciate a copy of the following regulations:  
- Regulation No. 47/2007 
- Regulation No. 343/2007 - Regulation No. 16/2008, cited in G/LIC/N/2/ARG/4/Add.1 - Regulation No. 329/2008, cited in G/LIC/N/2/ARG/7/Add.3 - Regulation No. 330/2008, cited in G/LIC/N/2/ARG/12/Add.1 - Regulation No. 589/2008, cited in G/LIC/N/2/ARG/14 
- Regulation No. 588/2008, cited in G/LIC/N/2/ARG/15 
 
 These regulations should be notified under Ar ticles 1.4, 5.1 and 8.2 of the Agreement on 
Import Licensing Procedures and copies of them made  available to the WTO Secretariat for review by 
interested WTO Members. 
 
Reply
: 
  Copies of Resolutions 47/2007, 343/2007, 329/2008, 330/2008, 589/2008 and 588/2008 as well as Regulation 16/2008 have been transmitted to the WTO Secretariat. 
 
 All of these Resolutions and the mentioned Regulation were notified to the Committee in accordance with the Agreement on Import Licensi ng Procedures, in the following documents: 
 
- Resolution 47/2007:  G/LIC/N/2/ARG/13; - Resolution 343/2007:  G/LIC/N/2/ARG/12; 
                                                     
 
1 See documents G/LIC/Q/ARG/ 6 and G/LIC/Q/ARG/6/Corr.1. G/LIC/Q/ARG/8 
Page 2  
 
  - Resolution 329/2008:  G/LIC/N/2/ARG/7/Add.3; 
- Resolution 330/2008:  G/LIC/N/2/ARG/12/Add.1; - Resolution 589/2008:  G/LIC/N/2/ARG/14; - Resolution 588/2008:  G/LIC/N/2/ARG/15; - Regulation 16/2008:  G/LIC/N/2/ARG/4/Add.1. 
 
Question
: 
 
Automatic import licence requirements (G/LIC/N/2/ARG/4/Add.1 ) 
 
 Please clarify the apparent contradiction between the statements in sections (e) and (g) of the 
notifications.  Are these automatic or  non-automatic licensing measures? 
 
 G/LIC/N/2/ARG/4/Add.1 includes approximately 130 tariff lines for which import licence 
procedures (apparently automatic) are now required.  
 
 Are these requirements in addition to t hose previously notified by Argentina in 
G/LIC/N/2/ARG/4, dated 5 March 1999?  Or does G/LIC/N/2/ARG/4/Add.1 replace the previous list of tariff lines subject to automatic import licences? 
 
 How and according to what criteria was it de termined that the importation of these items 
should require an automatic import licence?  
 
Reply
: 
  We refer you to document G/LIC/N/2/ARG/4/Add.1/Rev.1 , which contains the reply to 
these questions. 
 Question
: 
 
 Approximately what percentage of the tota l value of Argentina's imports in a recent 
representative period is covered  by the notified lines? 
 
Reply : 
  Imports subject to automatic licensing as a percentage of total imports:  
 
2008 
Automatic licensing 6.5% 
Note :  The period covered is Nove mber 2008 to February 2009. 
Source :  Centro de Estudios para la Producción (CEP) 
Question : 
  Argentina states that the purpose of the autom atic licensing requirements is:  "to ensure that 
imports are subject to a regime which permits th e advance supply of descriptive information to the 
historical records in order to be able to carry out  a rapid analysis of their evolution, and which averts 
delays that could cause irreparable dam age to different production sectors." 
  G/LIC/Q/ARG/8 
 Page 3 
 
 
   It is not clear what Argentina’s objective with respect to the new requirements is, based on 
the above explanation.  Could Argentina please elaborate further regarding the administrative 
purpose for these automatic import licensing procedures?   Specifically, what sorts of "delays" are inte nded to be averted?  Delays in importation or 
delays in determining whether imports should be rest ricted?  What is meant by "delays that could 
cause irreparable damage to different production sect ors"?  Could Argentina please provide an 
example of such a delay and of the "irreparable damage?"   Could Argentina please also explain what measures have been taken to ensure that the 
automatic licensing requirements are the most tran sparent and least trade restrictive for achieving 
these objectives? 
 
Reply
: 
 
 Import licensing is an early warning syst em to monitor changes in trade flows. 
 Question
: 
 
 What is the statutory or regulatory length of  time allowed to the Government for processing 
applications for automatic import licences? 
 
Reply : 
  The regulatory length of time allowed for processing applications for automatic import 
licences is the length of time stipulated in Article  2 of the Agreement on Import Licensing Procedures. 
 
Question
: 
 
 Non-automatic import licence requirements2 
 
 Two of Argentina's notifications are addenda to earlier notifications 
(G/LIC/N/2/ARG/7/Add.3 and G/LIC/N/2/ARG/12/Add.1). 
  Do the tariff lines listed in these addenda replace the tariff lines listed in earlier notifications 
(G/LIC/N/2/ARG/7 and G/LIC/N/2/ARG/12), or are they additional tariff lines now subject to non-automatic import licenses?  
 
Reply
: 
  The items mentioned in notifications G/LIC/N/2/ARG/7/Add.3 and G/LIC/N/2/ARG/12/Add.1 are incorporated in those set forth in notifications G/LIC/N/2/ARG/7 and 
G/LIC/N/2/ARG/12.  The reasons for incorporatin g these items are the same as for the original 
resolutions, namely the need to establish a mechanis m for monitoring the imports of certain products. 
 Question
: 
 
 If the notifications are with respect to additi onal tariff lines now subject to non automatic 
import licenses, could Argentina please explain how and according to what criteria the items covered 
by these tariff lines were selected? 
                                                      
2 G/LIC/N/2/ARG/7/Add.3; G/LI C/N/2/ARG/12/Add.1; G/LIC/N/ 2/ARG/14; G/LIC/N/2/ARG/15; 
G/LIC/N/2/ARG/16. G/LIC/Q/ARG/8 
Page 4  
 
   What percentage of the total value of Ar gentina’s imports is now covered by these 
non-automatic licensing requirements?   What prompted the addition of new products  subject to non-automatic import licence 
requirements, per the four notifications in January 2009 and the notification in March 2009?  
 
Reply
: 
  The changes in the trade flows caused by the world economic and financial crisis made it 
necessary to extend the coverage of the system of non-automatic licences (in force since 1999) to 
certain tariff lines corresponding to products  that were sensitive to these fluctuations. 
 Question
: 
 
 Argentina indicates that these new non-automa tic import licenses are required in order to 
establish a pre-release verification mechanism. 
  Please describe how the non-automatic im port licence requirements establish a pre–release 
verification mechanism to m onitor and control imports. 
  Please explain how the pre-rel ease verification mechanism works. 
 
 Why does Argentina consider this mechanism necessary?   What information must be provided by importers?  
 What is being verified? 
  What sort of control is applied?   How long before entry may application for the licence be made?  
 How does this mechanism affect imports? 
  Is there an appeals process?  
 
Reply
: 
 
 Non-automatic import licences are a mechanism fo r the pre-release verification of goods that 
requires the importer to submit an application to the competent body, which verifies that the product 
complies with all of the technical standards and other requirements under the national regulations in 
force (the same ones that apply to domestic products ) as well as the accuracy of the importer's data.  If 
the product complies with these requirements, th e competent body issues the corresponding licence 
within the stipulated time-frame.  The data that must be provided by the importers are set out in each 
one of the corresponding resolutions.   The period for processing a licence is indicated in Article 3.5(f) of the Agreement on Import 
Licensing Procedures. 
 
 Regarding the appeals process, Law 19. 549 on Administrative Procedures applies. 
  G/LIC/Q/ARG/8 
 Page 5 
 
 
  Question : 
 
 Please explain the criteria used by Argentina for granting and/or allocating its non-automatic 
import licences.  
 Are applications considered on a first-come first-served basis, or are they considered 
simultaneously?  
 
Reply
: 
 
 Applications for non-automatic import licences were examined on a first-come first-served 
basis;  currently, they are considered simultaneously.  Question
: 
  What is the approximate length of time for processing applications for non-automatic import 
licences? 
 
- In practice, the time required by Arge ntinean authorities for processing applications 
for non-automatic import licences, by aver age, is far longer than the time-period 
prescribed by Article 3.5(f) of the WTO Import Licensing Agreement. 
- What are the reasons for these delays? 
- Do importers have any remedy in case of excessive delays in processing 
applications? 
 
Reply
: 
 
 The processing time for applications for non- automatic import licences is as stipulated in 
Article 3.5(f) of the Agreement on Import Licensing Procedures.   With respect to legal remedies, importers may resort to the administrative procedures 
provided for in Law 19.549. 
 
Question
: 
 
 If the automatic import licence requirements id entified in G/LIC/N/2/ARG/4 are still in effect 
(i.e., not replaced by those listed in G/LIC/N/2/ ARG/4/Rev.1), then it would appear that there are 
some tariff lines for which both an automatic and non -automatic import licence is required.  Please 
clarify this, with particular reference to the following points: 
 
- G/LIC/N/2/ARG/4 notifies automatic import licences for approximately 49 different 
HS chapters, including 52-60 and 84.  G/LIC/N/2/ARG/14 notifies non-automatic 
import licence requirements for certain pr oducts classified within chapters 52, 54, 
55, and 60.  G/LIC/N/2/ARG/15 establish es non-automatic requirements for certain 
products that fall under chapter 84.  A numb er of tariff lines are notified in more than 
one document. 
- In such cases, are importers required  to file two separate applications? 
- If so, what is the reason for these duplicate procedures? 
 G/LIC/Q/ARG/8 
Page 6  
 
  Reply
: 
  Where non-automatic import licences are required for certain tariff items, they are exempted 
from the automatic licensing requirement if  they have been subjected to it. 
 
 Please refer to document G/LIC/N/2/ARG/4/Add.1/Rev.1 , in which this is explained. 
 Question
: 
 
 On 22 January, the Government of Argenti na published Regulation 26/2009, establishing a 
non-automatic import licensing procedure for new tyres.  
- What is the justification for requiring n on-automatic import licence requirements for 
these particular products?  
 Reply
: 
  The justification for requiring non-automatic import licence requirements in the tyre sector lies in the need to establish, fo r these products, a pre-release verifi cation mechanism to monitor and 
control imports of such goods, checking that they  comply with the environmental, safety and 
consumer protection regulations  governing their placement on the market, and controlling the 
accuracy of the data declared by the importer. 
 Question
: 
 
 Approximately what percentage of the tota l value of Argentina's imports in a recent 
representative period is covered  by the notified lines? 
 
Reply : 
  See the table at the end of this document.  
Question
: 
 
 On 6 March, the Government of Argentina published Regulation 61/2009, through which 
Argentina has extended the coverage of  import licences to new product lines. 
 
- What is the justification for requiring n on-automatic import licence requirements for 
these particular products?  
 
Reply : 
  The main reason is that there have been signi ficant changes in trade flows for these products 
coupled with the increase in subsidies and tax re funds introduced to avoid bankruptcy and support 
production in various re lated economic sectors. 
  These trends and the reasons underlying the changes need to be evaluated.  To that end, as a 
transitional measure, this mechanism for verifyin g the technical standards and other requirements 
imposed under the domestic regulations  in force (the same that apply to domestic products) was set up 
for goods of different kinds.   G/LIC/Q/ARG/8 
 Page 7 
 
 
  Question : 
 
 Approximately what percentage of the tota l value of Argentina's imports in a recent 
representative period is co vered by the notified lines?  
 Reply
: 
  See the table at the end of this document.  Question
: 
 
- In view of the progressive extension of the product coverage of the non-automatic import 
licensing requirements in Argentina, what percentage of the total value of Argentina's imports, in a 
recent representative period, is curren tly covered by those requirements?  
 Reply
: 
  See the table at the end of this document.  Question
: 
  Argentinean Regulations establishing import li censing requirements refer to the "provisional" 
("transitoria") imposition of these requirements. Ho wever, import licensing requirements as those 
established by Regulation 47/2007 and 343/2007 have not only be maintained until present but have 
been extended to an increasing number of product lin es since 2008.  How does Argentina explain this?  
 Reply
: 
  The provisional nature of the non-automatic import licensing requirements is dictated by market conditions and the need to control complia nce with the applicable technical standards and 
regulations, and environmental, saf ety and consumer protection regul ations.  Non-automatic licences 
will be applied as long as the reasons for having to  submit certain goods to a pre-release verification 
and monitoring mechanism still exists. 
 
Trade analysis 
 
1. Imports subject to non-automatic import licensing
 as a percentage of total imports. 
 2008 
1 - G/LIC/N/2/ARG/7 - G/LIC/N/2/ARG/7/Add.1 -
G/LIC/N/2/ARG/7/Add.2 - G/LIC/N/2/ARG/7/Add.3(*) 0.65% 
2 - G/LIC/N/2/ARG/12 - G/LIC/N/2/ARG/12/Add.1(**) 0.26% 
1 + 2 0.91% 
3 - G/LIC/N/2/ARG/16(***) 2.91% 
(*) CIAH (Resolution 444/04, Resolution 289/06, Resolution 177/07, Resolution 181/08 and 
Resolution 329/08). 
(**) CIPT (Resolution 343/07 and Resolution 330/08). 
(***) CIPV (Resolution 61/09) and CIN (Resolution 26/09). 
Source : Centre for Studies on Production (CEP). G/LIC/Q/ARG/8 
Page 8  
 
  2. Imports subject to automatic
 and non-automatic  licensing as a percentage of total imports. 
 2008 
Non-automatic licensing 6.17% 
Automatic licensing (*) 6.5% 
Note : The period covered is November 2008 to February 2009. 
Source : Centre for Studies on Production (CEP). 
 
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