On March 17, 2021, the Ministry of Productive Development published Resolution No. 237/2021 (the “Resolution”) in the Official Gazette, creating the “Information System for the Implementation of Economic Recovery Policies” (“SIPRE”) under the purview of the Secretariat of Domestic Trade. Likewise, on March 19, 2021, the Undersecretary of Domestic Market Policies issued Provision No. 4/2021 (the “Provision”), approving the procedure for submitting information to SIPRE.
SIPRE Guidelines
SIPRE is an information system for certain companies to report monthly (within 10 calendar days of each calendar month) the prices of their products, quantities sold, and stocks of final and intermediate goods, until the emergency declared by Law No. 27,541 remains in effect.
Obligated parties:
1- All companies in the “commerce and industry sectors” that during 2019 recorded total sales in the domestic market exceeding the amounts established in Resolution No. 220/2019 of the former Secretariat for Entrepreneurs and Small and Medium-Sized Enterprises[1]:
a) They must report current prices and quantities sold for all their final or intermediate goods and, in their first submission, they must also report prices and quantities produced and/or sold, as well as the stock of all their products during January and February 2021.
b) They must also report products intended for industrial use, wholesale, and retail, as applicable.
2- Establishments that sell retail or wholesale—in both cases, with the exception of micro, small, and medium-sized enterprises—must:
a) Report only quantities and stock.
3- The reporting obligation also includes producers and distributors.
- The specific provision states that the following activities comprise the commerce and industry sectors covered by the obligation to report to SIPRE:
- Preparation of fruits, vegetables, and legumes;
- Production of vegetable oils and fats;
- Production of dairy products;
- Production of milling products, starches, and starch derivatives;
- Production of food products n.e.c.;
- Manufacture of prepared animal feeds;
- Manufacture of beverages;
- Manufacture of paper and paper products;
- Manufacture of non-metallic mineral products n.e.c.;
- Manufacture of glass and glass products;
- Basic iron and steel industries;
- Manufacture of computer equipment and products;
- Manufacture of communications equipment and radio and television transmitters;
- Manufacture of radio and television receivers, sound and video recording and reproduction apparatus, and related products;
- Manufacture of domestic appliances n.e.c.;
- Manufacture of furniture and mattresses;
- Wholesale of food, beverages, and tobacco;
- Wholesale of household and/or personal goods;
- Retail sale in non-specialized stores;
- Retail sale of food, beverages, and tobacco in specialized stores;
- Manufacture of insecticides, pesticides, and agricultural chemicals;
- Manufacture of cleaning, polishing, and sanitation preparations;
- Manufacture of soaps and detergents;
- Manufacture of cosmetics, perfumes, and toiletries.
Definition of “total domestic sales”
The Resolution stipulates that “total domestic sales” shall be understood as the value of sales made within the national territory, excluding any applicable value added tax and internal tax.
Penalties for non-compliance
In the event of non-compliance with the reporting obligation, the penalties provided for in Law No. 20,680[2] on Supply shall apply.
Upload procedure
The steps for uploading to the SIPRE are as follows:
1- Go to the website: sipre.produccion.gob.ar, create a username and password.
2- Complete the pre-registration form, providing the following information:
a. Enter your Tax Identification Number (N° C.U.I.T.), which must be registered within the activities covered by the regulations.
b. Provide an email address for communications.
c. Prove the legal status and representation of the applicant.
3- Once the pre-registration has been approved, you must upload the file with all the requested documentation under sworn statement. To do so, the company will have supporting information to carry out the upload process (upload template file, fictitious example, and required classification masters).
4- Once the information has been successfully uploaded, the company will receive an email confirming that it has been processed correctly.
5- If the upload is rejected, you will receive an informational email and must resubmit the file with the relevant corrections until approval is received.
For questions or concerns about the procedure and process of uploading information, please contact: soportesipre@producción.gob.ar.
The Resolution can be found at the following link (https://www.boletinoficial.gob.ar/detalleAviso/primera/241937/20210317; ), while the Provision can be found at the following link (https://www.boletinoficial.gob.ar/detalleAviso/primera/242080/20210319).
[1]
[2]
a) A fine of five hundred pesos ($500) to ten million pesos ($10,000,000). The latter limit may be increased to up to three times the profit obtained from the infringement;
b) Closure of the establishment for a period of up to ninety (90) days. During the closure, and for another equal period, the goodwill and the affected assets may not be transferred;
c) Disqualification for up to two (2) years from the use or renewal of credits granted by public entities subject to Law 21,526 on Financial Institutions, as amended;
d) Confiscation of the goods and products that are the subject of the violation;
e) Special disqualification for up to five (5) years from engaging in commerce and public office;
f) Suspension for up to five (5) years from the State’s supplier registries;
g) Loss of concessions, privileges, special tax or credit regimes enjoyed by the offender.
