Public health emergency: COVID-19. New general prevention measures

The National Executive Branch issued Emergency Decree No. 241/2021, published in the Official Gazette on April 16, 2021 (hereinafter, the “Decree”). Through this regulation, the Executive Branch amended Decree No. 235/2021, suspending a series of new activities until April 30, 2021, with the aim of mitigating the chain of transmission of the COVID-19 virus.

Amendments to DNU No. 235/2021

1. The suspension of the duty to attend the workplace is maintained for persons covered by the terms of Resolution No. 207/20 of the Ministry of Labor, Employment, and Social Security (persons at higher risk), its complementary and amending regulations, and those that may be issued in the future.

Private sector employees exempt from the obligation to attend the workplace covered by the terms of the aforementioned Resolution No. 207/20 will receive non-remunerative compensation equivalent to their usual remuneration, net of contributions to the Social Security System. Workers, as well as employers, must continue to make personal contributions and employer contributions corresponding to the Social Welfare Fund and the NATIONAL INSTITUTE OF SOCIAL SERVICES FOR RETIREES AND PENSIONERS (INSSJP) on their usual taxable remuneration. (Laws Nos. 19,032, 23,660, and 23,661).

2. In the Buenos Aires Metropolitan Area (AMBA), as defined in Article 3 of Decree No. 125/21, the suspension of in-person classes and non-school educational activities at all levels and in all modalities, from April 19 to April 30, 2021, inclusive.

Face-to-face classes and non-school educational activities will continue throughout the country, except for the exceptions provided for in the Decree or that may be provided for, in effective compliance with the parameters for assessment, stratification, and determination of the level of epidemiological risk and conditions established in Resolutions No. 364 of July 2, 2020, 370 of October 8, 2020, 386 and 387, both dated February 13, 2021, of the FEDERAL COUNCIL OF EDUCATION, their complementary and amending provisions.

However, the Governors and the Head of Government of the Autonomous City of Buenos Aires, as appropriate, may temporarily suspend activities and restart them, based on the assessment of epidemiological risk, in accordance with current regulations. Only if they have decided to suspend classes may they decide to restart them, based on the risk assessment.

3. The following activities are also suspended:

a. Shopping centers and malls.
b. All sports, recreational, social, cultural, and religious activities that take place indoors.
c. Commercial establishments, except for the exceptions provided for in Article 20 of this decree, between 7:00 p.m. and 6:00 a.m. the following day.
d. Restaurants (restaurants, bars, etc.), between 7 p.m. and 6 a.m. the following day, except for home delivery and takeaway services at local establishments.

Between SIX (6) a.m. and NINETEEN (19) hours, restaurants may only serve their customers in designated outdoor areas.

4. Urban and interurban public passenger transport services may only be used by persons involved in the activities, services, and situations covered by the terms of Article 11 of Decree No. 125/21 or in those cases in which its use has been expressly authorized as of the date of issuance of this decree, as well as for persons who must attend to their health care or have a vaccination appointment, with their companions, if applicable.

In these cases, individuals must carry the “SINGLE CERTIFICATE AUTHORIZING EMERGENCY TRAVEL FOR COVID-19” that authorizes them for this purpose.

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[1] ARTICLE 11.- ESSENTIAL ACTIVITIES AND SERVICES. EXCEPTIONS: For the purposes of this decree and in accordance with the provisions of Article 6 of Decree No. 297/20 and Administrative Decisions Nos. 429/20, Article 1, paragraphs 3, 4, 7, and 10, and Articles 2 and 3; 450/20, Article 1, paragraph 8; 490/20, Article 1, paragraphs 1, 2, and 3; 524/20, Article 1, paragraphs 2, 3, 5, 6, 7, and 9; 703/20 and 810/20, Article 2, paragraph 1, the activities, services, and situations listed in this article are declared essential, and the persons affected by them are those who, during the period provided for in Article 9, are exempt from complying with social, preventive, and mandatory isolation and from the prohibition on movement:

1. Health personnel, security forces, armed forces, immigration personnel, National Meteorological Service, firefighters, and air traffic control personnel.
2. Senior authorities of the national, provincial, municipal, and AUTONOMOUS CITY OF BUENOS AIRES governments; workers in the national, provincial, municipal, and AUTONOMOUS CITY OF BUENOS AIRES public sectors, summoned by the respective authorities.
3. Justice service personnel on duty, as established by the competent authorities.
4. Foreign diplomatic and consular personnel accredited to the Argentine Government, within the framework of the Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations, and personnel of international organizations accredited to the Argentine Government, the Red Cross, and White Helmets.
5. Persons who must assist others with disabilities, family members who need assistance, the elderly, children, or adolescents.
6. Persons who must attend to a situation of force majeure.
7. Persons involved in funeral services, burials, and cremations. In this context, activities that involve gatherings of people are not authorized.
8. People involved in the operation of school and community canteens and snack bars.
9. Personnel working in audiovisual, radio, and graphic communication services.
10. Personnel involved in public works.
11. Wholesale and retail supermarkets and local retail stores selling food, personal hygiene, and cleaning products. Pharmacies. Hardware stores. Veterinary clinics. Provision of gas cylinders.
12. Food industries, their production chain and inputs; personal hygiene and cleaning products; medical equipment, medicines, vaccines, and other health supplies, in accordance with Article 3 of Administrative Decision No. 429/20, which clarifies that Article 6, paragraph 12 of Decree No. 297/20, when referring to food industries, it shall be understood to mean those that make up the value chain and inputs of the food and beverage, personal hygiene and cleaning, medical equipment, medicines, vaccines, and other health supplies production sectors.
13. Activities related to agricultural and fishing production, distribution, and marketing.
14. Telecommunications, fixed and mobile internet, and digital services.
15. Urgent activities related to foreign trade.
16. Collection, transport, and treatment of solid urban, hazardous, and pathogenic waste.
17. Maintenance of basic services (water, electricity, gas, communications, etc.) and emergency response.
18. Public passenger transport, transport of goods, oil, fuels, and LPG.
19. Home delivery of food, medicine, hygiene products, cleaning products, and other necessary supplies.
20. Laundry services.
21. Postal and parcel delivery services.
22. Essential security, cleaning, and guard services.
23. Minimum security personnel to ensure the operation and maintenance of oil and gas fields, oil and gas treatment and/or refining plants, transportation and distribution of electricity, liquid fuels, oil and gas, fuel stations, and electricity generators.
24. State-owned mint, ATM services, cash transport, and all activities authorized by the CENTRAL BANK OF THE ARGENTINE REPUBLIC.
25. Operation of nuclear power plants. Hotels assigned to emergency health services. Operation of airports. Operation of garages and parking lots with minimum staffing. Restaurants, prepared food establishments, and fast food establishments with home delivery services. Movement of ministers of different faiths for the purpose of providing spiritual assistance. All of the above is in accordance with Administrative Decision No. 429/20, Article 1, sections 3, 4, 7, and 10, and Article 2.
26. Registration, identification, and documentation of persons, under the terms of Administrative Decision No. 450/20, Article 1, paragraph 8.
27. Movement of persons with disabilities and professionals who care for them. Banking activities with customer service, exclusively with an appointment system; all in accordance with Administrative Decision No. 490/20, Article 1, paragraphs 1, 2, and 3.
28. National and provincial registry activities, with appointment systems and minimum staffing levels. Tax offices in the provinces, the Autonomous City of Buenos Aires, and municipalities, with appointment systems and minimum staffing levels. Facilities for assisting victims of gender-based violence. Scheduled medical and dental care, preventive care, and monitoring of chronic diseases, with an appointment system. Clinical analysis laboratories and diagnostic imaging centers, with an appointment system. Opticians, with an appointment system; all in accordance with Administrative Decision No. 524/20, Article 1, paragraphs 2, 3, 5, 6, 7, and 9.
29. Transportation of children and adolescents, in accordance with Administrative Decision No. 703/20.
30. Staff of the NATIONAL SOCIAL SECURITY ADMINISTRATION (ANSES) under the terms of Administrative Decision No. 810/20, Article 2, paragraph 1.